People v. Olivo

Facts

Defendant Olivo suspiciously concealed wrenches in his clothing while in a department store. He then attempted to leave the store. Before the defendant could exit the store, he was confronted by a security guard who accused him of shoplifting. Olivo denied having the wrenches, but he followed the guard to the security office. On his way to the office, Olivo removed the wrenches from his clothing and placed them under his arm. Despite his contention that he had the wrenches under his arm and was in line at the cashier when he was approached by the security guard, Olivo was convicted of larceny. 

In Gasparik, D trying on a leather jacket. Two store detectives watched him tear off the price tag and remove a 'sensormatic' device. D then took his own jacket, and placed it on a table and left it there and put on the leather jacket and walked through the store by passing several cash registers. When he headed for the exit, he was apprehended by security personnel. D denied removing the price tag and the sensormatic device from the jacket and testified that he was looking for a cashier without a long line when he was stopped. D was convicted of petit larceny. Appellate Term affirmed.

In Spatzier, D carried an attaché case into a bookstore. The owners watched as D removed a book from the shelf, and place the book in the case. One of the owners accused him of stealing the book. D allegedly struck the owner with the attaché case, the case opened, and the book fell out. The jury found D guilty of petit larceny, and the conviction was affirmed by the Appellate Term.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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