People v. Banister

OPINION OF THE COURT

Deborah Kaplan, J.

The defendant was arrested and charged with criminal possession of stolen property in the fifth degree (Penal Law § 165.40) and possession of burglar’s tools (Penal Law § 140.35) upon allegations that he and two other individuals stole merchandise from a Staples store using a “booster bag.” The defendant moves to dismiss the information as facially insufficient. Upon consideration of the relevant law and the facts of this case, the defendant’s motion is denied.

I. Introduction

The information alleges that at approximately 5:55 p.m. on May 16, 2006, Police…