Opinion
December 28, 2000.
Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered June 29, 1998, convicting defendant, after a nonjury trial, of trademark counterfeiting in the third degree, and sentencing him to a term of 11 months, unanimously affirmed.
T. Charles Won, for respondent.
Lorca Morello, for defendant-appellant.
Before: Tom, J.P., Ellerin, Rubin, Saxe, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The circumstances of the sale warrant the common-sense inference that defendant knew that the goods he was selling were counterfeit (see, People v. Cintron, __N Y 2d__ [October 24, 2000], 2000 N Y LEXIS 2912; People v. Reisman_, 29 N.Y.2d 278, 285). Moreover, after his arrest defendant made a statement that can be reasonably interpreted as evincing a consciousness of guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.