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PEOPLE v. THIAM

189 Misc.2d 810 (2001)

736 N.Y.S.2d 846

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MBAYE THIAM, Defendant.

Criminal Court, New York County.

December 4, 2001.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Peter Barta of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Che Arguello of counsel), for plaintiff.

OPINION OF THE COURT

CYNTHIA S. KERN, J.

Defendant Mbaye Thiam is charged with trademark counterfeiting in the third degree under Penal Law § 165.71. He moves to dismiss the accusatory instrument on the ground that it is facially insufficient because it fails to describe the trademarks, fails to allege that the allegedly counterfeit trademarks are substantially indistinguishable from the genuine trademarks...

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