People v. Cunningham

This appeal presents the apparently novel question in this state of whether a person’s conduct in signing his or her own name to a company check as the drawer/ maker without the authority to do so constitutes the crime of forgery in the second degree under Penal Law § 170.10 (1). Because we believe that the facts here compel the conclusion that defendant was both the actual maker and the ostensible *632maker of this written instrument and that his signing was not done in such a way as to deceive others that the signer was in fact some third party, the proof cannot establish a forgery. This is…