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PEOPLE v. CUNNINGHAM

2 N.Y.3d 593 (2004)

813 N.E.2d 891

780 N.Y.S.2d 750

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY P. CUNNINGHAM, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 2004.

Attorney(s) appearing for the Case

Raymond A. Kelly, Jr., Albany, for appellant.

James E. Conboy, District Attorney, Fonda (Pamela A. Ladd of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

ROSENBLATT, J.

Defendant was convicted of forgery in the second degree (Penal Law § 170.10) for signing his own name to a corporate check, in excess of his authority. Because defendant's conduct does not constitute forgery under our statute, we reverse his conviction.

I.

As the owner of a logging operation, Peter Morat planned to open a sawmill business in Madison...

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