Opinion
February 9, 1987
Appeal from the County Court, Nassau County (Ain, J.).
Ordered that the judgment is modified, on the law, by reversing the conviction of criminal possession of a forged instrument in the second degree under count three of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.
The defendant argues, and the People concede, that count three of the indictment charging him with criminal possession of a forged instrument in the second degree is defective because the act with which he is charged does not constitute a crime, and should be dismissed. The alleged forged instrument is a purchaser's credit application. The defendant completed the instrument in his own name. Although he submitted false information as to his employment, the defendant did not seek to mislead the lender as to his identity. Therefore, the purchaser's credit application is not a forged instrument and the defendant's conviction under that count is reversed, the sentence thereunder vacated and that count of the indictment dismissed (see, Penal Law § 170.10; § 170.25; People v. Briggins, 50 N.Y.2d 302; People v. Levitan, 49 N.Y.2d 87; People v. Cannarozzo, 62 A.D.2d 503, affd 48 N.Y.2d 687).
The defendant's sentence on the remaining count was imposed pursuant to a negotiated plea and, therefore, he has no cause to complain that it is unduly harsh and excessive (People v Kazepis, 101 A.D.2d 816). Mollen, P.J., Thompson, Brown and Niehoff, JJ., concur.