Monday, April 29, 2013

People v. Olivo case brief

People v. Olivo case brief
420 N.E.2d 40

CASE SYNOPSIS: Three defendants appealed orders of the Appellate Term of the Supreme Court in the First and Second Judicial Departments (New York), which affirmed their individual convictions for petit larceny.

FACTS: Defendants were convicted of petit larceny. Defendants claimed there was insufficient evidence to sustain their convictions because they were apprehended with the goods before they left the store. Each defendant claimed to have been either looking for a cashier or standing in line at a cashier when apprehended. The appellate division of the trial court affirmed.

The court of appeals held a taking of property could be established in a self-service store by evidence that a customer exercised control over goods in a way that was inconsistent with the owner's rights.

First defendant not only concealed goods in his clothing, but he did so in a particularly suspicious manner, and he was stopped three feet from the door. Second defendant removed the price tag and sensor device from a jacket, abandoned his own jacket, put on the new jacket, and headed to the main floor. Third defendant concealed a book in his case and allegedly struck the storeowner when accused of theft. The court of appeals ruled that in each case the evidence was sufficient to sustain defendants' convictions as a matter of law.

CONCLUSION: The appellate court orders were affirmed. There was sufficient evidence to sustain defendants' convictions for petit larceny. In each case, while in a store, defendant not only exercised dominion and control over goods in a way that was inconsistent with the owner's rights, but the other elements of larceny were also present.

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