People v. Cruz

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered December 17, 2004, convicting him of criminal possession of a forged instrument in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed as to the defendant Pedro Cruz, and the matter is remitted to the Supreme Court, Queens County for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Viewing the evidence in the light most favorable to the prose*494cution (see People v Contes, 60 NY2d 620…