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People v. Smith

Appellate Term of the Supreme Court of New York, First Department
Feb 14, 2006
2006 N.Y. Slip Op. 50181 (N.Y. App. Term 2006)

Opinion

570818/03.

Decided February 14, 2006.

Defendant appeals from a judgment of the Criminal Court, New York County (A. Kirke Bartley, Jr., J.), rendered December 13, 2002, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.

Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered December 13, 2002, affirmed.

PRESENT: Suarez, P.J., McCooe, Schoenfeld, JJ


Defendant's challenges to the sufficiency of the evidence are unpreserved and we decline to review them in the interest of justice. Were we to review, we would find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence. The credited evidence showing that defendant, in a public place, offered to sell jewelry without the required license, was sufficient to establish the elements of unlicensed general vending (Administrative Code of City of NY § 20-453). There is no basis to disturb the trial court's determinations concerning credibility ( see People v. Morales, 301 AD2d 405, lv denied 99 NY2d 656).

This constitutes the decision and order of the court.

I concur.


Summaries of

People v. Smith

Appellate Term of the Supreme Court of New York, First Department
Feb 14, 2006
2006 N.Y. Slip Op. 50181 (N.Y. App. Term 2006)
Case details for

People v. Smith

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH SMITH…

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

Date published: Feb 14, 2006

Citations

2006 N.Y. Slip Op. 50181 (N.Y. App. Term 2006)