Opinion
January 16, 1950.
Judgment of the Queens County Court, convicting the defendant of the crimes of grand larceny in the second degree and forgery in the second degree and sentencing him to imprisonment in Sing Sing Prison for an indeterminate term, affirmed. The proved recent exclusive possession by defendant of the stolen automobile, which possession the jury might find to be unexplained or falsely explained, justified the inference by the jury that the defendant had stolen it. ( Knickerbocker v. People, 43 N.Y. 177; People v. Galbo, 218 N.Y. 283, 290, 291.) The proof warranted the finding by the jury that the defendant had in his possession, in Queens County, with intent to defraud, dispose of and put off as true, the forged instrument as charged in the indictment, knowing it to be forged. We find no error prejudicial to defendant in the receipt in evidence of other related forged instruments. ( People v. Molineux, 168 N.Y. 264, 293; People v. Rutman, 260 App. Div. 784.) Carswell, Adel, Sneed and Wenzel, JJ., concur; Nolan, P.J., concurs for affirmance of the judgment convicting defendant of the crime of grand larceny in the second degree, but dissents and votes to reverse the judgment insofar as it convicts defendant of the crime of forgery in the second degree, being of opinion that the evidence is insufficient to establish the commission of the latter crime, or that it was partly committed, in Queens County; and being of the opinion, further, that the trial court erred in charging that the defendant might be found guilty of forgery if the jury found that, with intent to defraud, he had in his possession a forged instrument involving the certificate mentioned in the third count of the indictment, and in refusing to amplify that charge, as requested by defendant's attorney at folios 653-654.