People v Feng Chen

[*1] People v Feng Chen 2008 NY Slip Op 51381(U) [20 Misc 3d 128(A)] Decided on July 10, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 10, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: SCHOENFELD, J.P., HEITLER, J.
570879/05

People of the State of New York, Respondent,

against

Feng Chen, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abraham Clott, J.), rendered March 30, 2004, after a nonjury trial, convicting her of unlicensed general vending, and imposing sentence.

Per Curiam.

Judgment of conviction (Abraham Clott, J.), rendered March 30, 2004, affirmed.

The verdict was supported by 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. The credited police testimony that defendant, standing immediately behind a shopping cart, positioned a cardboard box on top of the cart containing DVDs, which she "showed" to "numerous" pedestrians, without displaying the requisite license, established the elements of unlicensed general vending (see Administrative Code of City of NY § 20-453). We have considered and rejected defendant's jurisdictional argument.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 10, 2008