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PEOPLE v. OLIVO

52 N.Y.2d 309 (1981)

The People of the State of New York, Respondent, v. Ronald Olivo, Appellant. The People of the State of New York, Respondent, v. Stefan M. Gasparik, Appellant. The People of the State of New York, Respondent, v. George Spatzier, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1981.

Attorney(s) appearing for the Case

Gerald J. Callahan and John F. Middlemiss, Jr., for appellant in the first above-entitled action.

Patrick Henry, District Attorney (Scott M. Karson and Maureen S. Hoerger of counsel), for respondent in the first above-entitled action.

Elaine T. Stogel and William E. Hellerstein for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney (Russell A. Bikoff and Jerrold L. Neugarten of counsel), for respondent in the second above-entitled action.

Michael W. Holland for appellant in the third above-entitled action.

Denis Dillon, District Attorney (Herbert H. Esrick and William C. Donnino of counsel), for respondent in the third above-entitled action.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

These cases present a recurring question in this era of the self-service store which has never been resolved by this court: may a person be convicted of larceny for shoplifting if the person is caught with goods while still inside the store? For reasons outlined below, it is concluded that a larceny conviction may be sustained, in certain situations, even though the shoplifter was apprehended...

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