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People v. Susie Curtis

In furtherance of justice, court dismisses shoplifting complaint against teacher.

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Defendant is charged with Petit Larceny [PL 155.25] and Criminal Possession of Stolen Property in the Fifth Degree [PL 165.40]. The Complaint alleges, in sum and substance, that on January 18, 2003, defendant was observed by the deponent store detective at a Stop & Shop store, to take a bottle of Advil valued at $6.59, place it in her pocket book and walk out of the store without paying for the medication. Defendant was arraigned on March 3, 2003, at which time the court, sua sponte, dismissed the complaint in the furtherance of justice pursuant to CPL 170.40 . The People moved by affirmation dated March 21, 2003 to reargue the determination of the court and Defendant submitted papers in opposition dated April 30, 2003. The court granted the People’s motion to reargue by Order dated May 6, 2003, and a hearing was held on August 27, 2003. At hearing, the parties stipulated that defendant has had no prior contacts with the criminal justice system, is a well respected public school teacher who has taught kindergarten for 21 years and at the time of the incident her life was consumed by her role as sole caregiver for her terminally ill husband, who died prior to the hearing date. It was also noted at hearing that defendant had been removed from working in the classroom by her employer as a result of her arrest.

Following hearing, the court adheres to its original determination and dismisses the complaint in the furtherance of justice pursuant to CPL 170.40 for the reasons hereinafter stated.

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