X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

13-139. THE PEOPLE, res, v. ANGELO RODRIGUEZ, def-app — Judgment of conviction (Felicia A. Mennin, J. at plea; Richard M. Weinberg, J. at sentencing), rendered November 26, 2012, affirmed.

In view of defendant’s knowing waiver of his right to prosecution by information, the accusatory instrument only had to satisfy the reasonable cause requirement (see People v. Dumay, 23 NY3d 518 [2014]). So viewed, the accusatory instrument was jurisdictionally valid, since it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of petit larceny (see Penal Law §155.25), the offense to which defendant ultimately pleaded guilty. For purposes of our threshold, pleading stage inquiry, the taking and asportation elements of the charged offense were satisfied by allegations that a loss prevention officer at a specified Macy’s department store observed defendant remove one pair of shoes and one pair of sneakers from a display and “place said items inside a shopping bag” and “attempt to leave the store in possession of the property without paying for it” (see generally People v. Olivo, 52 NY2d 309, 318-319 [1981]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Our client, a thriving personal injury firm known for its commitment to compassionate client care is seeking an attorney with 5+ years of ex...


Apply Now ›

McCarter and English s Chambers-ranked Government Contracts group is seeking an experienced, diligent, and proactive government contracts as...


Apply Now ›

The Court of Appeal, First Appellate District in San Francisco is accepting applications for a central staff attorney vacancy. A regular ful...


Apply Now ›