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PEOPLE v. McNAIR

13 N.Y.3d 821 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHAD McNAIR, Appellant.

Court of Appeals of New York.

Decided October 22, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Paul Wiener and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Marc Krupnick and Frank Glaser of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant pleaded guilty to one count of forgery in the second degree in violation of Penal Law § 170.10 (1) relative to his execution of an application to open a joint bank account. On appeal, defendant claims that the trial court erred in accepting his plea because his statements to the court negated the element of intent to defraud. Defendant neither...

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