People v. Moore

• Decision Date: 08 March 1991
• Citation: People v. Moore, 171 A.D.2d 1051, 569 N.Y.S.2d 238 (N.Y. App. Div. 1991)
• Parties: PEOPLE of the State of New York, Appellant, v. Katrina MOORE, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 238

569 N.Y.S.2d 238

171 A.D.2d 1051

PEOPLE of the State of New York, Appellant, v.Katrina MOORE, Respondent.

Supreme Court, Appellate Division, Fourth Department.

March 8, 1991.

Howard R. Relin, by Elizabeth Clifford, Rochester, for appellant.

Edward J. Nowak, by Kathleen McDonough, Rochester, for respondent.

Before DILLON, P.J., and DENMAN, BALIO, LAWTON and LOWERY, JJ.

MEMORANDUM:

County Court erred in finding that the evidence before the Grand Jury was legally insufficient to establish the offense of forgery in the second degree.The Grand Jury may indict when the People present evidence establishing a prima facie case and that there is reasonable cause to believe that the accused committed the crime to be charged (see, CPL 190.65[1];People v. Jennings, 69 N.Y.2d 103, 512 N.Y.S.2d 652, 504 N.E.2d 1079;see also, People v. Forde, 153 A.D.2d 466, 552 N.Y.S.2d 113).Furthermore, on a motion to dismiss an indictment under CPL 210.20[1][b], the court's inquiry is limited to the legal sufficiency of the evidence (see, People v. Jennings, supra ).Sufficiency is determined by inquiring whether the evidence, viewed in the light most favorable to the People, if unexplained and uncontradicted, would warrant conviction by a petit jury (see, People v. Pelchat, 62 N.Y.2d 97, 105, 476 N.Y.S.2d 79, 464 N.E.2d 447).

Here, the evidence before the Grand Jury was that, upon her arrest in June 1989, defendant told the police that her real name was Katrina Moore.Her statement was corroborated by the testimony of a fingerprint expert that the fingerprints taken from Audrey Moore on March 28, 1989 and the fingerprints taken from Katrina Moore in June 1989 were from the same person.We find that evidence legally sufficient to allow the Grand Jury to indict defendant for forgery in the second degree (see, Penal Law § 170.10[2];People v. Hennessy, 133 A.D.2d 174, 174-175, 518 N.Y.S.2d 988;People v. Kirk, 115 A.D.2d 758, 758-759, 497 N.Y.S.2d 139, affd.68 N.Y.2d 722, 506 N.Y.S.2d 333, 497 N.E.2d 700;People v. Bigus, 115 A.D.2d 751, 497 N.Y.S.2d 145, affd.68 N.Y.2d 723, 506 N.Y.S.2d 333, 497 N.E.2d 700).

Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.