Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered January 13, 2011, after a nonjury trial, convicting him of unlicensed general vending, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered January 13, 2011, affirmed.

Defendant's generalized motion to dismiss at the close of the evidence failed to preserve his present challenge to the legal sufficiency of the evidence supporting his conviction, and we decline to review that challenge in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. The elements of unlicensed general vending (see Administrative Code of City of NY § 20-453) were established by the credited police testimony that defendant, without the requisite license, was observed standing on Canal Street while holding a shopping bag ultimately found to contain at least five pairs of sunglasses, and that he spoke with and showed in succession two pairs of sunglasses to a passerby (see People v Diatara, 36 Misc 3d 158[A], NY Slip Op 51800[U][App Term, 1st Dept 2012], lv denied 20 NY3d 1010 [2013]; see also People v Abdurraheem, 94 AD3d 569 [2012], lv denied 19 NY3d 970 [2012]). Moreover, upon our independent review of the facts, we are satisfied that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 28, 2013