People v. Smith

— Mikoll, J.

Appeal from an order of the County Court of Chemung County (Castellino, J.), entered March 23, 1987, which granted defendant’s motion to dismiss the indictment.

The facts are not in dispute. In April 1986, Mark Kinsman showed defendant a $100 American Express traveler’s check with the name Arlton Nye signed on the lower front of the check. Nye had lost a number of such traveler’s checks when he left them in a car he had rented. Kinsman told defendant that he would give him $20 if defendant would cash the $100 traveler’s check for him. On April 14, 1986, defendant went to a bank,…