PEOPLE v. LAWRENCE


169 Misc.2d 752 (1996)

647 N.Y.S.2d 675

The People of the State of New York, Plaintiff, v. Stephen Lawrence, Defendant.

Supreme Court, Kings County.

August 7, 1996


Attorney(s) appearing for the Case

Hession, Bekoff & Worth, Mineola (Stephen C. Worth of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Charles Garcia of counsel), for plaintiff.


MICHAEL R. JUVILER, J.

This is a decision on a motion to dismiss an indictment. The question treated here is whether a computer program in a "cloned" cellular telephone is a "written instrument" within the meaning of Penal Law § 170.00 (1) and therefore is a "forged instrument" whose possession with intent to defraud is criminal. (See, Penal Law § 170.00 [1], [7]; § 170.10 [1]; §...

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