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People v. Mooney

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1061 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Monroe County Court, Maloy, J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court, for further proceedings on the indictment. Memorandum: The proof before the Grand Jury was sufficient to establish a prima facie case against defendant of forgery in the second degree by signing a false name to a fingerprint card (see, People v. Moore, 171 A.D.2d 1051; People v. Hennessy, 133 A.D.2d 174; People v. Kirk, 115 A.D.2d 758, affd 68 N.Y.2d 722; People v. Bigus, 115 A.D.2d 751, affd 68 N.Y.2d 723). The evidence was sufficient to raise the inference that the name defendant signed was not defendant's real name but was fictitious.


Summaries of

People v. Mooney

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1061 (N.Y. App. Div. 1991)
Case details for

People v. Mooney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDWARD MOONEY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 26, 1991

Citations

172 A.D.2d 1061 (N.Y. App. Div. 1991)
569 N.Y.S.2d 317

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