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PEOPLE v. BRUNSON

1312, 6138/06.

66 A.D.3d 594 (2009)

888 N.Y.S.2d 22

2009 NY Slip Op 7746

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAKIM BRUNSON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2009.

The evidence was legally insufficient to establish that defendant had the intent to "defraud, deceive or injure another" (Penal Law § 170.25) required to establish second-degree criminal possession of a forged instrument. We reach this unpreserved issue (see People v Hawkins, 11 N.Y.3d 484, 492 [2008]) in the interest of justice.

While shoplifting in a store from which he had been barred by way of a trespass notice,...

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