People v. Olivo

OPINION OF THE COURT

Chief Judge Cooke.

These cases present a recurring question in this era of the self-service store which has never been resolved by this court: may a person be convicted of larceny for shoplifting if the person is caught with goods while still inside the store? For reasons outlined below, it is concluded that a larceny conviction may be sustained, in certain situations, even though the shoplifter was apprehended before leaving the store.

I

In People v Olivo, defendant was observed by a security guard in the hardware area of a department store. Initially conversing with another…