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13-290. THE PEOPLE OF THE STATE OF NEW YORK, res, v. KIMBERLY LAKE, def-app — Judgment of conviction (Kevin B. McGrath, J.), rendered February 21, 2013, reversed, on the facts, and the accusatory instrument is dismissed.

Defendant was charged with a single count of unlicensed general vending (see Administrative Code of City of N.Y. §20-453). Evidence at trial was that a plain-clothed officer observed defendant at the southeast corner of Broadway and Spring Street, standing about two feet behind a table, containing various items of jewelry. However, the officer admitted that he did not observe defendant conversing with anyone or “doing anything” with the jewelry, that he approached the table within “ten seconds” of first observing defendant, and that a vendor, whom defendant testified that she was assisting, approached “three or four seconds” later and displayed his license (compare People v. Abdurraheem, 94 AD3d 569 [2012], lv denied 19 NY3d 970 [2012]).

 
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