PEOPLE v. KLEIN


16 N.Y.2d 263 (1965)

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

Court of Appeals of the State of New York.

Decided December 1, 1965.


Attorney(s) appearing for the Case

Michael I. Winter for appellant.

Frank D. O'Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Judges FULD, VAN VOORHIS, BURKE and BERGAN concur with Judge DYE; Chief Judge DESMOND dissents and votes to affirm in an opinion; Judge SCILEPPI taking no part.


DYE, J.

Section 889-b of the Penal Law, entitled "Forging doctor's prescription", provides: "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." (L. 1954, ch. 494, eff. July 1, 1954.) Forgery in the third degree is defined in section 889 of the Penal Law.

The situation presented on this appeal is novel...

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