People v. Watts

2017 NY Slip Op 2150, 148 A.D.3d 578, 48 N.Y.S.3d 602

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 23, 2017
• Docket: 2853/13 3490A 871/14 3490
• Status: Published

Opinion

Judgments, Supreme Court, New York County (Robert M. Stolz, J. at pleas; Daniel P. FitzGerald, J. at sentencing), rendered April 8, 2015, convicting defendant of two counts of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 2V2 to 5 years, unanimously affirmed.

The indictments, charging defendant with second-degree criminal possession of a forged instrument under Penal Law § 170.25, in that he possessed counterfeit concert and New York Knicks tickets, were not jurisdictionally defective. As we determined in an alternative holding in People v Davis, 127 AD3d 614 [1st Dept 2015], lv denied 26 NY3d 928 [2015]), such tickets were written instruments that purported to “evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status” (Penal Law § 170.10 [1]). We have considered and rejected defendant’s arguments for revisiting our determination in Davis.

Concur — Tom, J.P, Friedman, Mazzarelli, Kapnick and Kahn, JJ.