ALBANY, N.Y. (AP) - New York’s highest court has reinstated a woman’s robbery conviction even though authorities failed to find the earrings store security officers said she stole.
The Court of Appeals, divided 5-2, is reversing a lower court that knocked her convictions down to petty larceny after finding insufficient evidence for the more serious robbery charges.
Security officers at the department store in suburban Albany said Hazel Gordon was seen taking earrings from a rack and later tearing off the backings found in another department.
Confronted by guards, authorities say she swiped at them with pens and hit one of them with her car in the parking lot.
The court says Thursday it’s up to a jury whether “sufficient facts and reasonable inferences” show intent to forcibly steal even in cases where stolen property isn’t recovered.
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