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People v. Dione

Appellate Term of the Supreme Court of New York, First Department
Oct 14, 2009
2009 N.Y. Slip Op. 52056 (N.Y. App. Term 2009)

Opinion

570353/08.

Decided October 14, 2009.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James D. Gibbons, J.), rendered April 1, 2008, convicting him, upon a plea of guilty, of attempted trademark counterfeiting in the third degree, and imposing sentence.

PRESENT: McKeon, P.J., Heitler, Shulman, JJ.


Judgment of conviction, (James D. Gibbons, J.), rendered April 1, 2008, affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v Prochilo, 41 NY2d 759, 761). Based upon defendant's actions in standing on a midtown Manhattan street while displaying several watches and representing that the watches were Rolex-brand, coupled with the observations of the arresting officer (who was experienced in detecting trademark counterfeiting) of the nature and condition of the watches, the court properly concluded that the officer had probable cause to arrest defendant.

We have considered and rejected defendant's present challenge to the facial sufficiency of the information ( see generally People v Zhang, 2007 NY Slip Op 27029[U] [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

People v. Dione

Appellate Term of the Supreme Court of New York, First Department
Oct 14, 2009
2009 N.Y. Slip Op. 52056 (N.Y. App. Term 2009)
Case details for

People v. Dione

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABIB DIONE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 14, 2009

Citations

2009 N.Y. Slip Op. 52056 (N.Y. App. Term 2009)
901 N.Y.S.2d 909