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- 52 N.Y.2d 309, 438 N.Y.S.2d 242, 420 N.E.2d 40
Contributed by Chris22
A person can be convicted of grand larceny even if he was apprehended while still inside the store.
Issue
Whether an owner's consent to a customer's possession of chattels within his store precludes the customer's conviction for grand larceny.
Conclusion
No. Even though the owner does allow the customer to possess the items for a distinct and limited purpose, the customer commits larceny when his possession exceeds the limited purpose and interferes with the owner's property rights in the items.
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Rule
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
Analysis
Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum
Facts
- The defendant was in a clothing store. He took off his own jacket in the dressing room and put on a jacket that was for sale at the store. He removed the tag and the anti-theft sensor. About three feet from the entrance of the store, he was apprehended for stealing. He was convicted of grand larceny, and he argued on appeal that a conviction for grand larceny could not be sustained since he was apprehended inside the store.
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Holding
- Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
- A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
- A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
- An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
- jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
- proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
- jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
- jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
- Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
- Enforcement of a judgment without jurisdiction denies due process!
- Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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