People v. Olivo
New York Court of Appeals
420 N.E.2d 40 (1981)
Relevant factsFree
The court considered three shoplifting cases together. Olivo hid wrenches in his clothes and was stopped near the exit; Gasparik swapped a jacket's price tag and alarm device onto another jacket and was stopped heading toward the exit; Spatzier hid a book in his attache case and was stopped in the aisle. Each defendant argued that because he never left the store, the taking element of larceny was not met.
IssueFree
Whether the crime of larceny is established when a shoplifter is caught before leaving the store, so long as he exercised control over merchandise in a manner inconsistent with the store's continued rights.