| People v Smith (Kenneth) |
| 2006 NY Slip Op 50181(U) [11 Misc 3d 126(A)] |
| Decided on February 14, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (A. Kirke Bartley, Jr., J.), rendered December 13, 2002, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.
PER CURIAM:
Judgment of conviction (A. Kirke Bartley, Jr., J.), rendered December 13, 2002, affirmed.
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 [2003], lv denied 99 NY2d 656 [2003]).
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: February 14, 2006