Opinion
April 26, 1991
Appeal from the Monroe County Court, Maloy, J.
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court, for further proceedings on the indictment. Memorandum: The proof before the Grand Jury was sufficient to establish a prima facie case against defendant of forgery in the second degree by signing a false name to a fingerprint card (see, People v. Moore, 171 A.D.2d 1051; People v. Hennessy, 133 A.D.2d 174; People v. Kirk, 115 A.D.2d 758, affd 68 N.Y.2d 722; People v. Bigus, 115 A.D.2d 751, affd 68 N.Y.2d 723). The evidence was sufficient to raise the inference that the name defendant signed was not defendant's real name but was fictitious.