1. New York Penal Law | Background of the Theft Allegations

The client became the subject of a criminal complaint after a major retail chain identified repeated unpaid removals of merchandise from its New York location.
Store management determined that the conduct exceeded the scope of accidental non payment and referred the matter to law enforcement under New York Penal Law theft provisions.
Retail Loss Prevention Investigation and Evidence Review
Internal loss prevention teams conducted a review of surveillance footage, transaction logs, and inventory discrepancies spanning several visits.
The investigation showed multiple instances in which items were removed from the premises without payment, creating exposure under New York Penal Law §155.25 for petit larceny.
Because the conduct occurred on more than one occasion, the matter carried the potential for enhanced scrutiny by prosecutors assessing intent and pattern of behavior.
2. New York Penal Law | Legal Risk Assessment under State Statutes
Once law enforcement involvement became imminent, the client retained a theft defense attorney with experience applying New York Penal Law to retail theft cases.
Early legal analysis focused on whether the alleged conduct could be charged as a continuing course of larceny under New York law.
Application of New York Penal Law Theft Classifications
Under New York Penal Law §155.25, petit larceny applies to theft of property regardless of value, while §155.30 may apply if aggregated conduct or statutory thresholds are met.
Although the individual incidents involved modest merchandise value, repetition raised the risk of aggregation arguments by the prosecution.
The defense therefore concentrated on interrupting escalation before formal charging decisions were made.
21 Jan, 2026

