Understanding Desk Appearance Tickets for Shoplifting (PL 155.25) at the Manhattan Midtown Community Court
Being arrested for shoplifting in Manhattan can be a frightening and confusing experience—especially when the police hand you a Desk Appearance Ticket (DAT). These tickets require you to appear in court on a future date and are commonly issued for lower-level, non-violent offenses like Petit Larceny (Penal Law § 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (Penal Law § 165.40).
What Is a Desk Appearance Ticket?
A Desk Appearance Ticket, or DAT, is an alternative to being held in custody after an arrest. Instead of spending a night in jail waiting for arraignment, the accused is released and told to appear in a designated court—often the Midtown Community Court, located at 314 West 54th Street—on a future date. These are real arrests with real possible criminal consequences, especially for those without citizenship or working in professions like banking or teaching.
Midtown Community Court primarily handles low-level offenses that occur in Manhattan’s central districts, including shoplifting cases from popular retail areas like Times Square, Herald Square, or Fifth Avenue.
The Charge: Petit Larceny (PL § 155.25)
Under New York Penal Law § 155.25, a person is guilty of Petit Larceny when they “steal property.” This is the lowest-level theft charge in New York State. It is classified as an A misdemeanor, which means it is punishable by:
- Up to one year in jail
- Up to three years of probation
- Fines and court surcharges
- A permanent criminal record
Even though many first-time offenders do not serve jail time, a conviction for petit larceny can have serious collateral consequences. It can affect employment, immigration status, and professional licensing, and it remains on your record permanently.
Companion Charge: Criminal Possession of Stolen Property (PL § 165.40)
In many shoplifting cases, police and prosecutors also file a companion charge: Criminal Possession of Stolen Property in the Fifth Degree (PL § 165.40). This statute criminalizes “knowingly possessing stolen property” with intent to benefit yourself or another person, or to impede recovery by the owner. It is also an A misdemeanor with the same potential penalties as petit larceny.
What Happens at Midtown Community Court?
At the first appearance, the judge will formally advise you of the charges and your rights. The prosecutor may offer a plea deal, often involving an Adjournment in Contemplation of Dismissal (ACD), community service, or a theft deterrence program.
If the case is handled properly, it can sometimes be dismissed entirely after six months, leaving no criminal record. However, this outcome often depends on the skill and advocacy of your attorney.
Why Matthew Galluzzo Is the Right Lawyer for This Situation
If you received a DAT for shoplifting and must appear at Midtown Community Court, having the right lawyer can make all the difference.
Matthew Galluzzo is a former Manhattan prosecutor and an experienced criminal defense attorney who has represented hundreds of clients charged with theft offenses throughout New York City. His background gives him unique insight into how prosecutors evaluate and negotiate these cases—and how to achieve the best possible result.
Clients choose Matthew Galluzzo because he:
- Knows the Midtown Community Court system inside and out
- Has successfully obtained dismissals and ACDs for countless first-time shoplifting defendants
- Provides discreet, judgment-free representation to protect your reputation
- Understands the immigration and professional consequences of criminal convictions
In short, if you were arrested for Petit Larceny (PL 155.25) and received a Desk Appearance Ticket in Manhattan, Matthew Galluzzo can often help you resolve the case quickly, quietly, and favorably—so you can move on with your life.
Contact Information
If you’ve been issued a DAT for shoplifting, don’t wait until your court date to act.
Contact The Law Office of Matthew Galluzzo today for a confidential consultation.