People v. Green

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, defendant’s conviction for criminal possession of a forged instrument and sentence thereon vacated, and Count I of the indictment dismissed.

While there was evidence in the record to support defendant’s conviction of petit larceny, there is insufficient proof, as a niatter of law, to sustain the jury’s verdict of guilty of criminal possession of a forged instrument. An element of this latter crime is that the defendant have possession of a forged instrument “with knowledge that it is forged” (Penal Law, §…