People v. Smith

Charged in a single count indictment with forgery in the second degree, in violation of subdivison 1 of section 170.10 of the Penal Law, the defendant at trial has moved in a precharge conference for alternative submission to the trial jury of forgery in the third degree (Penal Law, § 170.05) as a lesser included offense.

The essential facts upon which the determination of defendant’s request must rest may be briefly stated as follows:

The People have proffered evidence upon the trial that a commercial instrument, viz., United States Treasury check (No. 6,816,403), made payable to the order of…