People v. Olivo

In People v. Olivo, 52 N.Y.2d 309 , the Court of Appeals held that a person caught with goods while still inside a store may be convicted of larceny for shoplifting where it is established that he or she exercised dominion and control wholly inconsistent with the rights of the owner, and other elements of the crime are present. (Id at 319). The Oliv`o court set forth factors that would support a finding that a defendant exercised dominion and control inconsistent with the rights of the owner. These factors include (1) whether the defendant conceals the merchandise in a way deemed an exercise of dominion and control inconsistent with the owner's continued rights, (2) whether there is evidence of larcenous behavior, (3) the proximity to or movement towards one of the exits, (4) possession of secreted goods a few steps from the door or moving in that direction, and (5) possession of a known shoplifting device actually used to conceal merchandise, such as specially designed outer garment or a false bottom carrying case.