PEOPLE v. DIALLO (2019)

Judgment of conviction (Heidi C. Cesare, J.), rendered August 11, 2017, affirmed.

The accusatory instrument was not jurisdictionally defective. The information - comprising the misdemeanor complaint and the supporting deposition of a representative of the trademark owner - alleged that at a specified time and street location, police observed defendant displaying and selling merchandise, including handbags, wallets and belts; that the merchandise recovered, including “105 counterfeit Louis Vuitton handbags,” were determined to be counterfeit based upon several specifically enumerated features distinguishing them from genuine Louis Vuitton handbags; and that the allegedly counterfeit trademarks appearing on the handbags were registered and in use. These factual allegations, “given a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000] ), were sufficient for pleading purposes to establish reasonable cause to believe and a prima facie case that defendant was guilty of trademark counterfeiting in the third degree (see Penal Law § 165.71; People v. Ndiaye, 44 Misc 3d 135[A], 2014 NY Slip Op 51208[U] [App Term, 1st Dept 2014]; People v. Wele, 41 Misc 3d 133[A], 2013 NY Slip Op 51804[U] [App Term, 1st Dept 2013], lv denied 22 NY3d 1044 [2013] ).

The verdict was based on legally sufficient evidence and 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. Defendant's “intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods” (Penal Law § 165.71) may be inferred from his actions and the surrounding circumstances (see People v. Bracey, 41 NY2d 296, 301 [1977] ), including his possession of several hundred counterfeit items, made up of more than 100 counterfeit Louis Vuitton handbags, in a location where counterfeit items are sold.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.