The tens of millions of dollars, if not more, are spent policing New York’s department and retails stores against shoplifting. With security officers routinely apprehending customers in such stores as Century 21, Bloomingdales and Macys in Manhattan as well as similar stores in Brooklyn, Westchester and Queens, it is no…
As a New York theft lawyer and a defense attorney, I routinely represent clients in Grand Larceny arrests, indictments and investigations in the New York City region. In this capacity I find myself counseling professionals to recognize the collateral consequences and ramifications of a New York theft and fraud arrest…
A New York shoplifting arrest, whether it be in violation of New York Penal Law 155.25, New York Penal Law 155.30, New York Penal Law 165.40 or New York Penal Law 165.45, is an extremely serious crime with enormous secondary and collateral consequences. Believing otherwise is both naive and foolish.…
New York theft and larceny comes in too many forms and is perpetrated in too many ways to set forth in one blog entry. Usually, the police can justify an arrest in New York City or elsewhere by taking your alleged conduct and squeezing into one statute or another found…
Usually an offense perpetrated in Manhattan, Brooklyn, Queens and other New York City locations, Theft of Services (New York Penal Law 165.15) is a crime that often results in a Desk Appearance Ticket (DAT) type arrest. While far from a felony crime, arrests for NY PL 165.15 are not without…
Although each case is unique and requires its own assessment, it is rarely, if ever, beneficial to speak to the police without a lawyer. You may think you are smarter or have the right answers to their questions, but you could be damning yourself and giving prosecutors the tools to…
It seems that no matter where you turn, someone, somewhere is being charged with a theft or larceny crime in New York. Certainly, baggage handlers at New York City’s airports at JFK and LaGuardia are not immune from these arrests. According to District Attorney Richard Brown, the Queens County District…
Far from the most common and equally far from being one of the more complex white collar fraud and theft crimes in New York, Fraudulent Accosting, pursuant to New York Penal Law 165.30, is nonetheless a serious offense. In fact, as a misdemeanor crime, NY PL 165.30 is punishable by…
A sister crime that is equal to Grand Larceny and Petit Larceny, but established through distinct elements in New York, is Criminal Possession of Stolen Property. Ranging from an “A” misdemeanor up to varying felonies, Criminal Possession of Stolen Property encompasses both actual possession of stolen property and constructive possession…
While the overlap between Petit Larceny and the varying degrees of Grand Larceny in New York is clear (Petit Larceny is a “lesser included offense” of Grand Larceny), what is the relationship between Theft of Services and those larceny offenses? Are Theft of Services and Grand Larceny in the Third…