The issue this court must address in this motion to dismiss is whether the criminal simulation statute of the Penal Law, which speaks in terms of "antiquity" and "rarity," applies to freshly manufactured wristwatches falsely labeled with designer names.
The defendant is charged with criminal possession of forgery devices (Penal Law § 170.40 [2]) and criminal simulation (Penal Law § 170.45 [1]). It is alleged in the...
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