People v Dione (Abib)

[*1] People v Dione (Abib) 2009 NY Slip Op 52056(U) [25 Misc 3d 127(A)] Decided on October 14, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
.

The People of the State of New York, Respondent, 570353/08

against

Abib Dione, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James D. Gibbons, J.), rendered April 1, 2008, convicting him, upon a plea of guilty, of attempted trademark counterfeiting in the third degree, and imposing sentence.

Per Curiam.

Judgment of conviction, (James D. Gibbons, J.), rendered April 1, 2008, affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Based upon defendant's actions in standing on a midtown Manhattan street while displaying several watches and representing that the watches were Rolex-brand, coupled with the observations of the arresting officer (who was experienced in detecting trademark counterfeiting) of the nature and condition of the watches, the court properly concluded that the officer had probable cause to arrest defendant.

We have considered and rejected defendant's present challenge to the facial sufficiency of the information (see generally People v Zhang, 2007 NY Slip Op 27029[U] [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 14, 2009