| People v Armour (Jerome) |
| 2006 NY Slip Op 50057(U) [10 Misc 3d 141(A)] |
| Decided on January 19, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, New York County (Anthony J. Ferrara, J.), rendered June 25, 2004, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.
PER CURIAM:
Judgment of conviction (Anthony J. Ferrara, J.), rendered June 25, 2004, affirmed.
Evidence at trial established, and it is undisputed, that defendant was selling hats, some of which bore "made in China" labels, on a Manhattan sidewalk without a general vendor's license. While some of the hats may have reflected stylistic variations and contained aesthetically pleasing patterns designed by defendant, as the trial court properly recognized, they were not sufficiently linked to some "depiction of ideas, concepts and emotions" so as to be entitled to First Amendment protection (Bery v City of New York, 97 F.3d 689, 695 [1996], cert denied 520 US 1251 [1997]), and to qualify as "objects of art" exempt from the general vending licensing requirements.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 19, 2006