Defendant was convicted of possessing, with the intent to defraud another, a forged Social Security disability check payable to Robert Butler in the amount of $571. The check had been taken from Butler's mailbox and subsequently cashed in a supermarket. Following a jury trial, defendant was found guilty and was sentenced as a predicate felon to 3½ to 7 years in prison. After his CPL 440.10 (1) (a) motion to vacate the judgment was denied...
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