People v. Klein

Section 889-b of the Penal Law, entitled “ Forging doctor’s prescription ”, provides: “ A person who shall falsely make, alter, forge or counterfeit a doctor’s prescription, or utter the same, shall be guilty of forgery in the third degree.” (L. 1954, ch. 494, eff. July 1,1954.) Forgery in the third degree is defined in section 889 of the Penal Law.

The situation presented on this appeal is novel in that the instruments allegedly forged by the defendant, a licensed doctor, in violation of section 889-b of the Penal Law, were on the doctor’s own authorized prescription forms and were regular in…