Opinion
No. 570191/09.
2012-07-16
The PEOPLE of the State of New York, Respondent, v. Mama SARR, Defendant–Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Elisa S. Koenderman, J.), rendered November 6, 2008, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.
Present: SHULMAN, J.P., HUNTER, Jr., TORRES, JJ.
PER CURIAM.
Judgment of conviction (Elisa S. Koenderman, J.), rendered November 6, 2008, affirmed.
The verdict was not against the weight of the evidence ( see People v. Danielson, 9 NY3d 342, 348–349 [2007] ). There is no basis for disturbing the court's credibility determinations. The credited police testimony that defendant, without the requisite license, offered to sell handbags to several individuals facing him in a semicircle, one of whom was in the process of handing defendant money immediately prior to his (defendant's) arrest, was sufficient to establish the elements of unlicensed general vending (Administrative Code of City of N.Y. § 20–453).
Defendant's speedy trial motion, albeit timely filed ( see People v. Ford, 17 AD3d 143 [2005],lv denied4 NY3d 886 [2005] ), was properly denied on the merits. The single adjournment period here in dispute (August 1, 2008 to September 8, 2008) was correctly excluded, since it was attributable to responding to and deciding a “motion[ ] actually made” (People v. Collins, 82 N.Y.2d 177, 181 [1993],see People v. Brown, 99 N.Y.2d 488, 491–492 [2003];CPL 30.30[4][a] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.