People v. Kirk

Brown, J.,

dissents and votes to affirm the order dismissing the indictment, with the following memorandum: The principal issue presented on this appeal (and in People v Bigus, 115 AD2d 751) is whether one who signs a fingerprint card using a name other than his or her own may be convicted of the crime of forgery in the second degree. Specifically, in the instant case the defendant was charged with the crime of forgery in the second degree (Penal Law § 170.10 [2]) based upon her having signed a name other than her own—to wit, her sister’s name—to a fingerprint card while being processed after…