People v. Lam

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be affirmed.

Defendant was convicted of unlicensed general vending, in violation of section 20-453 of the Administrative Code of the City of New York, for selling T-shirts in Union Square Park without a vendor’s license. He argues that his conviction should be vacated because the vending of T-shirts containing artistic images was constitutionally protected expression.

Addressing a similar issue, the Second Circuit found that the relevant inquiry is whether the vendor is “genuinely and primarily engaged in artistic…