Posted on 10/25/2013 3:55:17 PM PDT by nickcarraway
Witch doctor convicted of selling crystals in Union Square after judge rejects argument that he’s an artist
Angel Silva, 51, tried to claim at this Manhattan Criminal Court bench trial that his rocks and crystals were art. But Judge Diana Boyar rejected that argument and said he needed a vendor's license.
A witch doctor peddling what he claims are holistic rocks and crystals in Union Square was convicted Wednesday for selling the items without a permit.
Angel Silva, 51, failed to convince the judge that his goods are works of art, which would exempt them from street vendor requirements.
His attorney, Steven Hoffner, argued at his short trial in Manhattan Criminal Court that the rocks — which he sells for as much as $12 — are essentially small sculptures, that were cut "using his machines, using tools of an artist.
"People do not come to his table and buy them in bulk. They don't use them as gravel for their driveway. They don't use them as doorstops," Hoffner argued.
"These are clearly items that are used for their beauty and purchased for their beauty and what they mean to people," the lawyer added.
Silva, who has another four open unlicensed vendor cases, said he's "very disappointed with the legal system" for not backing him but vowed to return to Union Square at 1 p.m. Wednesday.
"I'm more than willing to get arrested 100 times just to help people and support my art," he told reporters.
Prosecutors said the art defense was bogus, that he was just reshaping rocks, which happens in nature.
Silva was "making them more attractive, making them prettier … It's essentially just polishing the rocks, doing what the natural processing of erosion does," Assistant District Attorney Christopher Hirsch said in summations at Silva's two-day bench trial.
Judge Diana Boyar ruled Silva was guilty of a single count of acting as an unlicensed vendor. The verdict came within minutes of hearing final arguments and she did not explain her finding but sentenced Silva to the time her served while being processed during his arrest.
Another judge previously ruled Silva's goods are akin to selling jewelry under the law. Both would require vendor's licenses.
Hoffner said he would appeal the verdict and continue to fight Silva's remaining cases.
Silly goose, only healthcare scams can be sold.
He took it for granite that he would beat the rap.
I wonder if he will be an authorized doctor under the DemocratCareAct? He will probably be willing to take the fees that the DCA will pay.
No more rocks for shale. It breccia your heart to hear the news.
He vows to return to Union Square and gypsum more customers.
That’s not art, that’s schist!
Leni
[sigh]
Another sick chapter in the Democrat’s War on the Poor.
It cherts when you lose your court case.
At this point i am surprised that i do not need to apply for a permit to sell a rocking chair on Craigslist...
"If you want to be photographer, a writer, an artist, a musician, you can do so... under the Affordable Care Act, you have that liberty to pursue your happiness.”
-- Nancy Pelosi
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.