Opinion
March 16, 1990
Appeal from the Erie County Court, McCarthy, J.
Present — Doerr, J.P., Boomer, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that the People failed to present legally sufficient evidence that he possessed forged instruments with knowledge that they were forged. Knowledge of forgery may be established by circumstantial evidence of a defendant's conduct and the surrounding events (People v Johnson, 65 N.Y.2d 556, 561; see also, People v Von Werne, 41 N.Y.2d 584, 590). Evidence that defendant had unrestricted access to the bank withdrawal forms, lost passbook affidavits and power of attorney forms; that the person whose signature appeared on the documents was absent from the State when the documents were signed; and that defendant misrepresented that the signer's signature appeared different because she was an invalid and in poor health was legally sufficient to support the inference that defendant knew the instruments were forged (see, People v Johnson, supra, at 562-563).