From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 826 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Monroe County Court, Maloy, J. — Criminal Possession Forged Instrument, 2nd Degree.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a forged instrument in the second degree (Penal Law § 170.25). Contrary to defendant's contention, the proof is legally sufficient to establish that the check was forged (see generally, People v. Bleakley, 69 N.Y.2d 490, 495). The People presented proof that defendant opened an account in his own name. After the account had been closed, defendant typed the assumed name "Fred A. Curran" in the upper left corner of a starter check. It appeared from the check, as altered, that the owner of the account and "Fred A. Curran" were the same person. In addition, defendant procured a Wegmans' Shoppers Club card in the name of "Fred A. Curran" and used that card as identification while attempting to cash the check at Wegmans. Although the ostensible maker and actual maker of the check were the same person, defendant used that "fraudulent design" to deceive Wegmans with respect to the ownership of the closed account (People v. Briggins, 50 N.Y.2d 302, 307; cf., People v. Jackson, 139 A.D.2d 837, lv denied 72 N.Y.2d 919). The verdict is not against the weight of the evidence (see, People v. Bleakley, supra, at 495).

PRESENT: PINE, J. P., HAYES, WISNER, SCUDDER AND BALIO, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 826 (N.Y. App. Div. 1999)
Case details for

People v. Williams

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ISIAH WILLIAMS…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 826 (N.Y. App. Div. 1999)
695 N.Y.S.2d 817

Citing Cases

People v. Pettus

Defendant applied for food stamp benefits under his own name and two names that he had assumed. He was…

People v. Carelock

Moreover, it was properly admitted to show defendant's intent to defraud and knowledge of the stolen and…