From Casetext: Smarter Legal Research

People v. Fletcher

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 22, 1968
29 A.D.2d 838 (N.Y. App. Div. 1968)

Summary

reversing conviction in the absence of proof from which it might be inferred that defendant knew that a doctor's prescription was forged

Summary of this case from People v. Rosado

Opinion

February 22, 1968

Appeal from the Erie County Court.

Present — Bastow, J.P., Goldman, Del Vecchio, Witmer and Henry, JJ.


Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: The indictment charged appellant with uttering a forged doctor's prescription with intent to defraud and with knowledge that it was forged (Penal Law, §§ 880, 889-b). Where the utterer and the forger of the instrument are one and the same person his knowledge of the forgery is obvious (2 Burdick, Law of Crime, § 671), but otherwise guilty knowledge must be proved ( People v. Underhill, 142 N.Y. 38, 46; People v. Petty, 14 A.D.2d 16; People v. Abeel, 45 Misc. 86, 93). While such knowledge may be established by the circumstances of the case ( People v. Valentine, 147 App. Div. 31, 35), there is here no such proof. It might have been found from the proof that the prescription was forged and appellant presented it to the druggist to be filled. Completely lacking is proof from which it might be inferred that defendant knew the writing was a forgery.


Summaries of

People v. Fletcher

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 22, 1968
29 A.D.2d 838 (N.Y. App. Div. 1968)

reversing conviction in the absence of proof from which it might be inferred that defendant knew that a doctor's prescription was forged

Summary of this case from People v. Rosado
Case details for

People v. Fletcher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. FLETCHER…

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

Date published: Feb 22, 1968

Citations

29 A.D.2d 838 (N.Y. App. Div. 1968)

Citing Cases

People v. Rosado

In the absence of adequate circumstantial evidence to establish this element of the crime, the charge of…

People v. Rosado

1 (Crim.Ct. N.Y. Co.); People v. McCabe, 157 Misc.2d 373 (Crim.Ct. Kings Co. 1993). Cf. People v. Fletcher,…