From Casetext: Smarter Legal Research

People v. Bogan

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2011
80 A.D.3d 450 (N.Y. App. Div. 2011)

Opinion

No. 4004.

January 6, 2011.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered December 13, 2007, convicting defendant, after a jury trial, of two counts of criminal possession of a forged instrument in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Rither Alabre of counsel), for respondent.

Before: Saxe, J.P., Friedman, McGuire, Abdus-Salaam and Roman, JJ.


We reject defendant's claim that the verdict was against the weight of the evidence with regard to the element of knowledge ( see People v Danielson, 9 NY3d 342, 349). There is no basis for disturbing the jury's credibility determinations. Defendant's overall patter n of behavior when he passed two counterfeit bills and immediately thereafter, as well as evidence that the texture of these bills was noticeably different from that of genuine currency, warranted an inference that defendant knew they were counterfeit ( see People v Johnson, 65 NY2d 556, 562).


Summaries of

People v. Bogan

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2011
80 A.D.3d 450 (N.Y. App. Div. 2011)
Case details for

People v. Bogan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY BOGAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 6, 2011

Citations

80 A.D.3d 450 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 37
913 N.Y.S.2d 557

Citing Cases

People v. Hinton

There is no basis for disturbing the jury's credibility findings. There was overwhelming evidence to support…

People v. Evans

So viewed, the accusatory instrument was not jurisdictionally defective, since it sufficiently alerted…