People v. Green

• Decision Date: 26 March 1981
• Citation: 53 N.Y.2d 651,421 N.E.2d 112,438 N.Y.S.2d 992
• Parties: , 421 N.E.2d 112 The PEOPLE of the State of New York, Respondent, v. George GREEN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 992

438 N.Y.S.2d 992

53 N.Y.2d 651, 421 N.E.2d 112

The PEOPLE of the State of New York, Respondent, v.George GREEN, Appellant.

Court of Appeals of New York.

March 26, 1981.

Joseph B. Mistrett, Buffalo, and Rose H. Sconiers, Niagara Falls, for appellant.

Edward C. Cosgrove, Dist. Atty. (Joseph A. Matteliano, Buffalo, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 75 A.D.2d 1026, 429 N.Y.S.2d 337, should be modified, defendant's conviction for criminal possession of a forged instrument and sentence thereon vacated, and Count I of the indictment dismissed.

While there was evidence in the record to support defendant's conviction of petit larceny, there is insufficient proof, as a matter of law, to sustain the jury's verdict of guilty of criminal possession of a forged instrument.An element of this latter crime is that the defendant have possession of a forged instrument "with knowledge that it is forged"(Penal Law, § 170.25).There was proof that the check was unindorsed when it was stolen from its owner; there was proof that it bore a forged indorsement when defendant delivered it to his accomplice six days later; and the People stipulated that the indorsement was not in defendant's handwriting.There was no proof, however, that defendant stole the check from its owner, or of how or where it came into his possession (other than that he must have obtained...