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People v. Olivo

New York Court of Appeals
420 N.E. 2d 40 (1981)


The New York Court of Appeals considered the facts of three larceny cases. Each defendant asserted that the crime of larceny had not been established, because he had not left the store prior to being apprehended. In People v. Olivo, the defendant entered a department store and looked around furtively prior to hiding a set of wrenches in his clothing. The defendant then walked past cash registers without paying for the wrenches and was confronted by a guard three feet from the store’s exit. In People v. Gasparik, the defendant tried on a jacket in a department store, removed the jacket’s price tag and alarm device, and placed the tag and device in another jacket. The defendant then replaced his jacket with the store’s jacket and passed cash registers prior to being apprehended while heading for the floor’s exit. In People v. Spatzier, the defendant removed a book from a bookstore’s shelf, then looked up and down the aisle furtively before placing the book in his attaché case. The defendant was apprehended prior to leaving the store.

Rule of Law


Holding and Reasoning (Cooke, C.J.)

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