In re Charlotte K.

OPINION OF THE COURT

Daniel D. Leddy, Jr., J.

Is a girdle a burglar’s tool or is that stretching the plain meaning of section 140.35 of the Penal Law? This elastic issue of first impression arises out of a charge that the respondent shoplifted certain items from Macy’s Department Store by dropping them into her girdle.

Basically, Corporation Counsel argues that respondent used her girdle as a kangaroo does her pouch, thus adapting it beyond, its maiden form.

The Law Guardian snaps back charging that with this artificial expansion of section 140.35’s meaning, the foundation of Corporation…