If you were in possession of shirts worth more than $1,000 that is criminal possession of stolen property in the 4th degree, which is a felony. I have subpoened store records to see what they paid and to see how many they sold to argue that the label price is not dispositive. It's a hard argument to make and I don't think eBay prices carry much weight. I suggest you hire a criminal defense lawyer. Avvo lawyers can't solicit you but you can call us.
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Grand Larceny...the retail value, not the lowest price you can find it for.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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The District Attorney's Office will be able to make a legitimate argument that it is Grand Larceny and or Felony Criminal Possession of Stolen Property. I have never seen Ebay prices used as an indicator of value.
If each shirt was stolen at different times from different places, it would be difficult for the People to prove grand larceny. The value of the shirt can be argued many ways, especially if they were no longer new. Value must be proven beyond a reasonable doubt, and replacement value is usually the measure.
It is retail value at the store at the time of the theft. If there is a common scheme/conspiracy charge concerning the multiple thefts, they are aggregated in value to determine the total value in charging you with the appropriate felony larceny charge, which appears to apply to your case.
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