PEOPLE v. KLEIN


23 A.D.2d 95 (1965)

The People of the State of New York, Respondent, v. Ernest Klein, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 19, 1965.


Attorney(s) appearing for the Case

Michael I. Winter for appellant.

Frank D. O'Connor, District Attorney (Eileen M. Thornton of counsel), for respondent.

BELDOCK, P. J., BRENNAN and BENJAMIN, JJ., concur with HOPKINS, J.; SAMUEL RABIN, J., dissents in opinion.


HOPKINS, J.

Defendant, a licensed physician, has been convicted of 10 counts of forgery in the third degree for having falsely made and uttered five prescriptions in violation of section 889-b of the Penal Law which provides that: "A person who shall falsely make, alter, forge or counterfeit a doctor's prescription, or utter the same, shall be guilty of forgery in the third degree."

Each of the prescription forms at bar sets forth the defendant...

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