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 Defendant's motion to suppress physical evidence is granted to the extent that a Mapp/Dunaway hearing shall be held. The Sandoval hearing is referred to the trial judge. In addition, the defendant's motion for a bill of particulars and pretrial discovery is granted to the extent of the information provided in the People's response and voluntary disclosure form. [*] The cases relied on by defendant are distinguishable. (See People v Ensley, 183 Misc 2d 141 [Crim Ct, NY County 1999]; People v Cisse, 171 Misc 2d 185 [Crim Ct, Queens County 1996]; People v Niang, 160 Misc 2d 500 [Crim Ct, NY County 1994].) In these cases, which involved allegedly counterfeit compact discs, videotapes and Rolex watches, the accusatory instruments were held to be facially insufficient because there was no description of the trademark allegedly infringed. In the present case, the trademarks are identified as the names Kate Spade and Oakley which are located on both the original merchandise and the counterfeit merchandise.