New York Court of Appeals

The People of the State of New York v. Ronald Olivo, Appellant the People of the State of New York v. Stefan M…

February 19, 198152 N.Y.2d 309

Summary

The New York Court of Appeals affirmed the Appellate Term judgments, holding that a petit larceny conviction can be sustained for shoplifting even when the defendant is apprehended inside the store, so long as the evidence shows the defendant exercised dominion and control inconsistent with the store owner's rights. The court applied a de novo review of the sufficiency of the evidence under the modern definition of larceny.