People v. Lawrence

OPINION OF THE COURT

Michael R. Juviler, J.

This is a decision on a motion to dismiss an indictment. The *753question treated here is whether a computer program in a "cloned” cellular telephone is a "written instrument” within the meaning of Penal Law § 170.00 (1) and therefore is a "forged instrument” whose possession with intent to defraud is criminal. (See, Penal Law § 170.00 [1], [7]; § 170.10 [1]; § 170.25.)

The question presented is of considerable importance because of the growing use of cloned cellular telephones in illegal enterprises, including trafficking in narcotics (see, Stone,…