People v. Jones

O’Connor, J. (dissenting).

I dissent and vote to affirm the judgment of conviction.

Defendant’s conviction of the crime of grand larceny in the third degree arose out of the theft of six leather coats from Gimbels Department Store in a Long Island shopping center. The facts, viewed most favorably to the People, are as follows:

On August 28, 1975, at about 2:00 p.m., two police officers on patrol in the shopping center entered Gimbels and were informed by one of the store’s security personnel that a man, identified as the defendant, was being watched in the clothing department. After observing…