Opinion
February 3, 1994
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of criminal impersonation and the forgery of four stolen checks was proven beyond a reasonable doubt (People v. Bleakley, 69 N.Y.2d 490). There being no real question of authenticity or genuineness regarding the signature on the identification card entered into evidence, the trial court did not abuse its discretion in overruling defendant's belated objection to the official document initially received into evidence without objection (People v. Parsons, 55 N.Y.2d 858). However, while defendant's use of the credit card in question was sufficiently established beginning approximately two months following the theft of that card, the People presented no direct evidence that defendant stole the complainant's pocketbook containing the credit card, or that defendant forged the signature on the car rental agreement that is the subject of count one of the indictment. Thus, the conviction on that count is against the weight of the evidence (People v. Bleakley, supra).
We perceive no abuse of discretion in the sentence imposed upon the surviving counts.
Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Williams, JJ.