People v Diop (Amadou)

People v Diop (Amadou) 2003 NY Slip Op 51342(U) Decided on October 17, 2003 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appellate Term, First Department

[*1] This opinion is uncorrected and will not be published in the Official Reports.
Digest-Index Classification:Crimes—Verdict—Sufficiency of Evidence
Decided on October 17, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570518/00

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

AMADOU DIOP,

[*2]Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered April 10, 2000 after a nonjury trial (Gregory Carro, J.) convicting him of unlicensed general vending (New York City Administrative Code § 20-453), and imposing sentence.

PER CURIAM:

Judgment of conviction rendered April 10, 2000 (Gregory Carro, J.) affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's determinations concerning credibility, particularly given the court's record statement that it had considered the absence of the police property voucher form in reaching its verdict.

This constitutes the decision and order of the court.