Ithaca Criminal Defense lawyer: The Truth About Shoplifting (Petit Larceny) in Ithaca, NY -Part 1

The TRUTH About Shoplifting (Petit Larceny) in Ithaca, NY- Part 1

A recent New York Supreme Court decision of Orellana v. Macy's, brought to mind how New York State businesses, and Ithaca businesses deal with shoplifters or should handle shoplifting crimes. As so often is the case, the laws that were legislated have been misinterpreted, and used in ways that are against the public interest.

Petit Larceny is Shoplifting

Whether you steal or take or conceal a dollar pack of gum or a package of razor blades costing $35.00 (yeah they are that expensive) it is still considered the crime of Petit Larceny. All the way up to $1,000 you are still at the Petit (small) level of crime. Petit or commonly called "Petty" Larceny is a criminal misdemeanor in New York State Penal Law. 

The Two Busiest Ithaca Courts for Shoplifting 

The most common Courts in Tompkins county for prosecuting shoplifting charges are Ithaca City Court because of the big box stores located off Route 13 (Elmira Road), and up in Lansing Town Court because of the Ithaca mall off Hanshaw Road. Common items for college student to take are small and expensive items like cosmetics, toiletries, and jewelry. These prove easy to take, and to conceal in  pocket, purse, or bag. 

The Ithaca Shopkeeper's Privilege 

Under New York General Business Law business owners have a legal privilege also referred to as the shopkeeper's rule. This allows an owner to detain a person they suspect of shoplifting for a reasonable time, and in a reasonable manner to investigate theft of items. 

"Reasonable" Time and Manner are Always Up for Interpretation

Many stores like Target and Walmart have their own security details. Believe it or not people are often surprised that the guy that looked like a homeless, jobless junkie turns out to be store security. They are that stealth with long hair, beards, and body jewelry. The guy or girl you think stalking you may in fact be store security. 

Next up, What Happens if You are Caught or Suspected of Shoplifting in Ithaca?

If you have questions about a criminal charge in Ithaca, NY call us:

607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

BY NEWMAN & CYR

Copyright 2016. Educational Purposes Only.

*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.

*Attorney advertising