Prosecutors have brought criminal charges against a state highway worker who they say helped himself to gas meant for stranded motorists.

Brian Lee, 38, of Far Rockaway, pleaded not guilty Wednesday afternoon to two counts of first-degree falsifying buisiness records, official misconduct and petty larceny. He was released without bail, and is due back in court Friday.

Lee could not be reached for comment.

According to a report released last month by the DOT, starting last summer, Lee is suspected of filling his vehicle with the gasoline and reporting the fuel as being used by stranded motorists he was to help as part of his 6 to 10 a.m. shift. Supervisors twice saw him using the gasoline for himself, according to the report.

State Inspector General Ellen Biben, who referred the case to Nassau District Attorney Kathleen Rice, recommended that DOT officials "implement more stringent monitoring of the HELP program" including random checks on HELP drivers' logbooks.

"Every taxpayer's burden weighs heavier when public employees treat government property as their personal piggy bank," Rice said in a statement.

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