People v. Morrison

After defendant was seen leaving a home improvement store with five items of merchandise for which he had not paid, he was arrested and charged with grand larceny in the fourth degree. He waived a trial by jury and, following a bench trial at which he contested only the value of the stolen items, he was convicted as charged. He now appeals.

Although all five items were returned to the store and sold *1381before defendant had an opportunity to inspect them, we agree with County Court that Penal Law § 450.10 applies only to the stolen air conditioner as that was the only item that was in police…