People
v.
Gaye

Supreme Court, Appellate Term, First Department, New York.Apr 14, 2011
58 N.Y.S.3d 875 (N.Y. App. Div. 2011)

No. 570113/13.

04-14-2011

The PEOPLE of the State of New York, Respondent, v. Abdoulaye GAYE, Defendant–Appellant.


Judgment of conviction (Anthony J. Ferrara, J.), rendered December 17, 2012, affirmed.

The verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342 [2007] ). There is no basis for disturbing the court's determination concerning credibility. The credited evidence established that on two separate occasions, defendant offered for sale handbags that bore counterfeit Louis Vuitton and Coach trademarks (see Penal Law §§ 165.71 ; 165.70[2][b]; People v. Levy, 15 NY3d 510 [2010] ; People v. Ouedraogo, 39 Misc.3d 145[A], 2013 N.Y. Slip Op 50822[U] [App Term, 1st Dept 2013], lv denied 22 NY3d 958 [2013] ; People v. Wele, 41 Misc.3d 133[A], 2013 N.Y. Slip Op 51804[U] [App Term, 1st Dept 2013], lv denied 22 NY3d 1044 [2013] ).

Defendant's present contention that the trademark counterfeiting charges were duplicitous is unpreserved for appellate review, inasmuch as he failed to move for a trial order of dismissal on this ground (see People v. Becoats, 17 NY3d 643, 651 [2011], cert. denied 132 S.Ct. 1970 [2012] ), and we decline to review it in the interest of justice. Were we to review this claim, we reject it. Each disputed count charged a single offense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur