People v. Powell

• Decision Date: 28 November 1977
• Citation: 399 N.Y.S.2d 477,59 A.D.2d 950
• Parties: The PEOPLE, etc., Respondent, v. Bennie POWELL, a/k/a Howard C. Jackson, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 477

399 N.Y.S.2d 477

59 A.D.2d 950

The PEOPLE, etc., Respondent, v. Bennie POWELL, a/k/a Howard C. Jackson, Appellant.

Supreme Court, Appellate Division, Second Department.

Nov. 28, 1977.

Harry Blum, Brooklyn, for appellant.

Eugene Gold, Dist. Atty., Brooklyn (William Twaddle, Brooklyn, of counsel), for respondent.

Before SHAPIRO, J. P., and TITONE, SUOZZI and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 26, 1974, convicting him of operating a motor vehicle while in an intoxicated condition, as a felony, under counts, and criminal impersonation, upon a jury verdict, and imposing sentence.

Judgment modified, on the law, by reversing the conviction of criminal impersonation and the sentence imposed thereon, and the said count is dismissed. As so modified, judgment affirmed.

On December 6, 1972 defendant Powell was stopped by a policeman who suspected that he was driving while under the influence of alcohol. Defendant produced a license and registration in the name of Howard C. Jackson and was arrested on the charge of criminal impersonation.

In our view, defendant's act of producing a driver's license and registration in the name of Howard C. Jackson did not, under the facts at bar, constitute the crime of criminal impersonation. Section 190.25 of the Penal Law provides, in part:

"A person is guilty of criminal impersonation when he:

"1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud...