PEOPLE v. O'NEILL


79 A.D.2d 429 (1981)

The People of the State of New York, Respondent, v. Patrick J. O'Neill, Appellant

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

March 27, 1981


Attorney(s) appearing for the Case

Rose H. Sconiers (Joseph Shifflett of counsel), for appellant.

Edward C. Cosgrove, District Attorney (Joseph Matteliano of counsel), for respondent.

SIMONS and SCHNEPP, JJ., concur with CARDAMONE, J. P.; CALLAHAN, J., not participating; MOULE, J., dissents and votes to affirm in a separate opinion.


CARDAMONE, J. P.

Defendant was indicted and charged with two counts of criminal possession of a forged instrument in the second degree (Penal Law, § 170.25) and two counts of attempted grand larceny in the second degree (Penal Law, §§ 110.00, 155.35). These charges arose from an attempt to cash a Niagara County Savings Bank treasurer's check for $8,750 on May 7, 1976 at the Manufacturers and Traders...

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