People v. Ketchmore

132 A.D.2d 889, 518 N.Y.S.2d 234, 1987 N.Y. App. Div. LEXIS 49358
Appellate Division of the Supreme Court of the State of New York·Decided July 30, 1987·Published·Cited by 4 cases

Opinion

Weiss, J.

Appeal from a judgment of the County Court of Albany County (Turner, Jr., J.), rendered June 21, 1985, upon a verdict convicting defendant of the crimes of criminal possession of a forged instrument in the second degree and criminal possession of stolen property in the second degree.

Defendant attempted to cash a payroll check for $300 drawn on the account of Xylex Specialties, Ltd. (Xylex) at a Trading Port supermarket in the City of Albany. He displayed a New York State identification card and a Metropolitan Life Insurance card, both in the name of James Wilson, the payee and endorser of the check. The check bore the signature of "Susan Russell”, as as maker on behalf of Xylex, and included a Social Security number that corresponded with the Social Security number listed on the identification card. The assistant manager refused to cash the check and, after overhearing a conversation between defendant and a companion, alerted the manager at the supermarket’s Central Avenue store that defendant might try to cash the check there. Shortly thereafter, defendant did attempt to cash the check at the other store utilizing the same identification. Store security telephoned Xylex and the police. Within minutes Officer Patrick Fox arrived, and after consulting with the manager, who indicated that he had previously accepted a stolen check drawn against Xylex, and telephoning the bookkeeper at Xylex, Fox arrested defendant for possession of a stolen check. Defendant was indicted and convicted after trial on charges of criminal possession of a forged instrument in the second degree and [890]*890criminal possession of stolen property in the second degree. Defendant was sentenced as a persistent felony offender to concurrent indeterminate terms of imprisonment of 18 years to life and 15 years to life on the respective charges.

On this appeal, defendant initially maintains that the trial evidence was insufficient for the jury to conclude beyond a reasonable doubt that he knowingly possessed a forged instrument. Viewing the evidence in a light most favorable to the prosecution, we find a sufficient evidentiary basis to support the jury’s determination that defendant knew the check was forged (see, People v Loughlin, 66 NY2d 633, 634-635; People v Johnson, 65 NY2d 556, 561). Knowledge, which constitutes an essential element of the crime of criminal possession of a forged instrument, may be established circumstantially by conduct and events (People v Johnson, supra, at 560-561). Here, the People established at trial that the instrument in question had been stolen from Xylex on September 21, 1984; that employees were not paid out of the Xylex account; that the designated drawer of the check, Susan Russell, was not an employee of Xylex; and that James Wilson was never employed by Xylex. Officer Fox testified that after being apprised of his Miranda rights, defendant asserted that his name was James Wilson, gave several dates of birth, none of which corresponded with the date listed on the identification card, and admitted endorsing the check.

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People v. Ketchmore, 132 A.D.2d 889, 518 N.Y.S.2d 234, 1987 N.Y. App. Div. LEXIS 49358 (N.Y. Ct. App. 1987).

132 A.D.2d 889 (People v. Ketchmore) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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