Legal Opinion · Concurrence

People v. Dallas

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2007Published

1ConcurrenceMcGuire, J.

I agree with the majority’s discussion and rejection of defendant’s double jeopardy claims. I write separately because I do not agree with the majority’s discussion of the sufficiency of the evidence to establish an essential element of criminal possession of a forged instrument in the second degree (Penal Law § 170.25), namely the requirement that a forged instrument be possessed “with intent to defraud, deceive or injure another” (id.).

As the People correctly maintain, they were not required to prove that defendant had the intent to defraud any particular person or entity (see People v…

2Cases cited8 opinions

  1. People v. GrayNew York Court of Appeals · 1995
  2. People v. HinesNew York Court of Appeals · 2001
  3. Chemical Specialties Manufacturers Ass'n v. JorlingNew York Court of Appeals · 1995
  4. Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
  5. People v. NobleNew York Court of Appeals · 1995

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