MTR. OF CHARLOTTE K.


102 Misc.2d 848 (1980)

In the Matter of Charlotte K., a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, Richmond County.

April 21, 1980.


Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Archibald H. Broomfield of counsel), for petitioner. Charles Schinitsky and Rhoda Cohen, Law Guardians.


DANIEL D. LEDDY, JR., J.

Is a girdle a burglar's tool or is that stretching the plain meaning of section 140.35 of the Penal Law? This elastic issue of first impression arises out of a charge that the respondent shoplifted certain items from Macy's Department Store by dropping them into her girdle.

Basically, Corporation Counsel argues that respondent used her girdle as a kangaroo does her pouch, thus adapting it beyond its maiden form.

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