The author of this article, Matthew Galluzzo, is a criminal defense attorney and former Manhattan prosecutor with over 25 years of experience in New York City criminal law. He has successfully represented dozens of individuals accused of shoplifting at Macy’s and other major retail establishments in the city.

Macy’s at 151 West 34th Street, the famous Macy’s Herald Square store in Midtown Manhattan, is one of the largest and busiest department stores in New York City. Shoplifting allegations at the store can result in an arrest, a criminal charge, a trespass notice, and, in many cases, a Desk Appearance Ticket (DAT) requiring the accused person to appear in Manhattan Criminal Court.

For someone who has never been arrested before, receiving a DAT can make the situation seem less serious than it actually is. A DAT is still associated with a criminal arrest and requires the defendant to appear in court. Depending on the value of the merchandise and other circumstances, the case may involve Petit Larceny under Penal Law § 155.25 or Grand Larceny in the Fourth Degree under Penal Law § 155.30.

For non-U.S. citizens and people working in regulated financial professions, even a seemingly minor shoplifting case can have consequences extending well beyond the criminal courtroom.

What Happens When Someone Is Accused of Shoplifting at Macy’s?

A typical shoplifting investigation may involve store security personnel observing a customer through surveillance cameras or directly observing the customer concealing merchandise.

If store security believes merchandise has been stolen, the individual may be stopped and detained while store personnel contact the police. Depending upon the circumstances, NYPD officers may respond to the store and conduct an investigation.

The precise procedure varies from case to case. However, an individual accused of shoplifting may encounter several different components of the case:

• An investigation by Macy’s loss-prevention personnel;
• Police questioning or an arrest;
• A criminal larceny charge;
• A separate charge involving possession of allegedly stolen property;
• A trespass notice from the store;
• A Desk Appearance Ticket;
• A future arraignment in Manhattan Criminal Court; and
• Potential collateral consequences involving immigration, employment, professional licensing, or travel.

The fact that someone was released with a DAT does not mean that the case is merely a civil matter or that the arrest can be ignored.

The Normal Charge: Petit Larceny

For many shoplifting cases involving merchandise worth $1,000 or less, the standard theft charge is Petit Larceny under New York Penal Law § 155.25.

New York’s statute provides that a person is guilty of Petit Larceny when the person steals property. Petit Larceny is a Class A misdemeanor.

The prosecution therefore generally has to prove the elements of larceny, including the required intent to deprive the owner of property or appropriate it to the defendant or another person.

A Class A misdemeanor can carry a maximum jail sentence of 364 days under New York Penal Law § 70.15.

That does not mean that a person convicted of shoplifting will necessarily receive jail time. Sentencing depends upon the particular facts, the defendant’s criminal history, the disposition reached with the District Attorney’s Office, and other factors.

Grand Larceny in the Fourth Degree at Macy’s

The value of the merchandise can become extremely important.

Under New York Penal Law § 155.30, stealing property worth more than $1,000 can constitute Grand Larceny in the Fourth Degree, a Class E felony.

New York law also permits certain retail merchandise to be aggregated when it is stolen pursuant to a common scheme, plan, or single ongoing intent to deprive the owner of the property. Thus, the analysis is not necessarily limited to the price of a single item allegedly taken during a particular incident.

Grand Larceny in the Fourth Degree is therefore substantially more serious than Petit Larceny because it is a felony rather than a misdemeanor.

A Class E felony ordinarily carries a maximum term of imprisonment of four years for a first felony offender, although sentencing can vary substantially depending on criminal history and the applicable statutory provisions.

Other Charges Can Accompany a Shoplifting Arrest

A shoplifting arrest does not necessarily result in only one criminal charge.

For example, police may also charge Criminal Possession of Stolen Property in the Fifth Degree under Penal Law § 165.40. That offense generally concerns knowingly possessing stolen property with the intent to benefit oneself or another person or to impede the property’s recovery.

Depending on the circumstances, prosecutors may ultimately pursue one charge, multiple charges, or a negotiated disposition.

The precise accusatory instrument should therefore be reviewed carefully rather than assuming that the case is simply “a shoplifting ticket.”

What Is a Trespass Notice From Macy’s?

A criminal larceny charge and a trespass notice are different things.

After a shoplifting incident, a store may tell the individual that he or she is no longer permitted to enter the store. The store can communicate that the person is not welcome on its premises.

That notice can become important if the person subsequently returns.

New York Penal Law § 140.05 defines criminal trespass as knowingly entering or remaining unlawfully in or upon premises. Trespass under that provision is a violation.

More serious forms of unlawful entry can constitute Criminal Trespass in the Third Degree, a Class B misdemeanor, when the statutory requirements are satisfied.

Accordingly, someone who has received a trespass notice from Macy’s should not simply assume that the notice is meaningless. If the person returns to the store, the circumstances can potentially create a separate criminal issue.

A Trespass Notice Does Not Mean the Person Has Been Convicted

It is also important to distinguish a store’s trespass notice from a criminal conviction.

A store can tell someone not to return without that person having been convicted of any crime.

Likewise, receiving a trespass notice does not itself establish that the underlying shoplifting allegation is true.

The notice and the criminal case are separate issues and should be addressed separately.

Desk Appearance Tickets for Manhattan Shoplifting Cases

A Desk Appearance Ticket, commonly called a DAT, is a document directing an arrested person to appear in court at a specified date and time rather than remaining in custody pending arraignment.

New York City’s court system continues to use Desk Appearance Tickets for qualifying offenses under specified circumstances. The Midtown Community Justice Center, located at 314 West 54th Street, handles qualifying criminal cases.

The Midtown Community Justice Center’s current operations have been expanded to include certain DATs issued for qualifying offenses in specified Manhattan precincts. The exact court assignment depends upon the offense, location, age of the defendant, and applicable court procedures.

Historically, Manhattan shoplifting defendants have received DATs directing them to appear at Midtown Community Court, particularly for lower-level misdemeanor shoplifting charges.

Do Not Ignore a Midtown Community Justice Center DAT

A person who receives a DAT should treat the document as a court order requiring a future appearance.

The defendant must appear on the date, time, and location specified on the ticket unless the court or an attorney provides different lawful instructions.

Failing to appear can create additional legal problems, including the possibility of a warrant.

The fact that a defendant was not required to spend the night in Central Booking does not mean that there is no criminal case.

What Happens at the Court Date?

At the initial court appearance, the defendant may be arraigned on the criminal charges.

Depending upon the circumstances, the defense attorney may be able to negotiate a disposition with the prosecutor, address potential diversion or dismissal programs, challenge the sufficiency of the prosecution’s case, or begin preparing the case for further litigation.

One program potentially relevant to some eligible Manhattan misdemeanor defendants is Project Reset, administered through the Midtown Community Justice Center and partner organizations. According to the Center for Justice Innovation, eligible participants who successfully complete the program may have the prosecution declined and the arrest record sealed. Eligibility and participation are determined under the applicable program requirements and by the Manhattan District Attorney’s Office.

A defendant should therefore have an attorney review the DAT and the case before making assumptions about what will happen in court. A defense attorney can also potentially help arrested individuals be accepted into Project Reset or other diversion programs that can result in favorable outcomes.

Immigration Consequences of a Macy’s Shoplifting Arrest

For a person who is not a U.S. citizen, a shoplifting case can have consequences far beyond the New York criminal court.

New York Courts specifically warns that non-citizens can face immigration consequences from arrests and convictions involving seemingly minor offenses, including shoplifting. Depending upon the individual’s immigration status and circumstances, consequences can include problems with maintaining status, obtaining immigration benefits, returning to the United States after travel, or potential removal proceedings.

A Conviction Can Be Particularly Important

Immigration law frequently distinguishes between an arrest and a conviction. The precise disposition of a criminal case can therefore be extremely important.

The immigration consequences can depend upon factors including:

• The exact offense;
• The statutory language of the offense;
• The sentence imposed;
• The defendant’s immigration status;
• Whether the person has other criminal convictions;
• Whether the person is seeking adjustment of status or naturalization;
• Whether the person plans to travel internationally; and
• The particular immigration benefit or proceeding involved.

Certain theft offenses can constitute crimes involving moral turpitude under federal immigration law. At the same time, immigration law contains exceptions and highly fact-specific rules, including the petty-offense exception to certain inadmissibility provisions. Whether an individual qualifies requires analysis of the specific conviction and sentence.

For that reason, a non-citizen should generally consult with an attorney who understands the interaction between New York criminal law and federal immigration law before entering a guilty plea.

A disposition that looks favorable from the perspective of New York criminal court can have a very different effect under federal immigration law. Also, the arrest itself – regardless of the outcome – can have consequences for some non-citizens. Students and other professionals with U.S. visas have in some cases lost their visas shortly after their arrests for shoplifting, even though the criminal charges were ultimately dismissed.

Employment Consequences for Financial Professionals

A shoplifting arrest can also be particularly significant for people working in the financial industry.

Financial professionals may be subject to regulatory disclosure requirements in addition to ordinary employment background checks.

For example, FINRA requires member firms to report specified disclosure events under FINRA Rule 4530, and certain events are reported through Form U4.

FINRA has also taken disciplinary action against registered representatives who failed to disclose criminal matters when disclosure was required. In one documented case, a representative was disciplined for failing to disclose both a felony plea and a misdemeanor involving retail theft.

That does not mean that every shoplifting arrest automatically results in a report to FINRA or prevents someone from working in finance.

Rather, financial professionals need to determine whether their particular arrest, charge, disposition, or conviction triggers a disclosure obligation under the rules applicable to their registration and employment.

Investment advisers and investment adviser representatives may also have disclosure obligations through SEC and state regulatory systems. The SEC’s Investment Adviser Public Disclosure system explains that Form ADV contains information concerning certain legal and disciplinary events involving advisers and advisory personnel.

For someone working at a bank, investment bank, hedge fund, private-equity firm, brokerage, investment adviser, or other regulated financial institution, the potential employment consequences should therefore be considered before resolving the criminal case.

An Arrest Is Not the Same as a Conviction

Financial professionals should also distinguish between:

• Being investigated;
• Being arrested;
• Being charged;
• Entering a guilty plea;
• Having the case dismissed;
• Receiving an adjournment in contemplation of dismissal or another non-conviction disposition where legally available; and
• Being convicted.

These distinctions can matter for regulatory reporting, employment decisions, licensing, and background checks.

The correct disclosure obligations depend on the person’s specific regulatory status and the language of the applicable rules and forms.

Why the Resolution of a Shoplifting Case Matters

A first-time shoplifting arrest involving relatively inexpensive merchandise may initially appear to be a minor matter.

But the consequences can be much greater for certain defendants.

For example:

A tourist or non-citizen may be concerned about immigration consequences and future international travel.

A financial professional may be concerned about FINRA, SEC, state licensing, employer disclosure requirements, and professional reputation.

A person applying for a job may be concerned about criminal background checks.

A person who received a trespass notice needs to understand the consequences of returning to the store.

And someone charged with Grand Larceny faces a felony prosecution rather than a misdemeanor.

These issues can make the ultimate disposition of the case extremely important.

Contact a Manhattan Shoplifting Defense Attorney

If you or a family member has been arrested for allegedly shoplifting at Macy’s Herald Square, it is important to speak with a New York criminal-defense attorney before appearing in court or entering a plea.

Matthew Galluzzo represents individuals charged with shoplifting, Petit Larceny, Grand Larceny, Criminal Possession of Stolen Property, and related offenses in New York City.

For a person who received a Desk Appearance Ticket directing them to the Midtown Community Justice Center, Matthew Galluzzo can review the charges, investigate the circumstances surrounding the arrest, communicate with prosecutors, and determine whether there are potential ways to resolve the case without a criminal conviction.

For non-U.S. citizens, the criminal case should also be evaluated with immigration consequences in mind. For financial professionals, the potential effect on FINRA, SEC, state licensing, and employment obligations should likewise be considered.

A shoplifting arrest at Macy’s does not necessarily mean that a defendant will be convicted of the charges. But because even a misdemeanor theft case can create significant collateral consequences, the way the case is handled from the beginning can matter enormously.

If you or a loved one have been arrested at Macy’s or another New York City establishment and charged with shoplifting, you should strongly consider contacting Matthew Galluzzo about engaging his services.