A homeless man with mental health problems faced being jailed for four years for stealing socks from New York's Bloomingdale's.

Qulon McCain was stopped by a security guard at the famous store and arrested after allegedly being caught with four pairs of socks.

But instead of being charged petty larceny with, the 43-year-old was held on a third degree burglary count, a felony that carries a prison sentence of two to four years.

The increase in charge comes from a tactic used by Bloomingdale's and other retailers that sees shoplifters issued 'trespass notices', then if they are stopped in the building again they are slapped with a felony.

McCain, who has bipolar disorder and schizophrenia, was reportedly off his medications, living on the street and using drugs when a guard caught him with the socks.

Bloomingdale's department store in New York City. Qulon McCain was arrested for allegedly shoplifting four pairs of socks

His case was one of 47 petty crimes - stealing less than $1,000 worth of goods - that Manhattan public defenders dealt with in 2018 that were increased in this way, according to the New York Daily News.

McCain was handed a 'trespass notice' by a security guard last November, then later that day stopped again for an alleged separate shoplifting incident.

Under New York law if a suspect 'knowingly enters or remains unlawfully in a building with intent to commit a crime therein', then they are committing third degree burglary.

The notice was evidence McCain was 'knowingly' in the building 'with intent to commit a crime', in this case trespassing and shoplifting, according to prosecutors.

Last year the tactic was used by Bloomingdale's and 13 other retailers, according to New York County Defender Services.

McCain said he did not understand what was happening and did not even remember going into the store.

He told the New York Daily News: 'I wasn't feeling like myself. I was feeling like a spirit was just guiding me and getting me in trouble.

'They explained something to me, but me being high and intoxicated. I didn't know what was happening.'

McCain, who previously worked as a security guard at Madison Square Garden, but his wages did not cover his rent, child support and medication, had 89 misdemeanor convictions on his record and 22 failures to appear in court.

After his arrest he spent nine months on Rikers Island before his case was transferred to Manhattan's Mental Health Court.

There he pleaded guilty on the grounds the charges would be reduced if he undertook a court mandated treatment program, according to the Manhattan DA.

Julia Austin, a spokeswoman for Bloomingdale's, which is owned by Macy's, said the company uses trespass notices 'to deter potential repeat shoplifters'.