People v. Moschiano, 66 N.Y.2d 631 (1985)

A defendant’s knowledge that an instrument is forged can be inferred from circumstantial evidence, including their conduct and statements surrounding the attempted negotiation of the instrument.

Summary

The New York Court of Appeals addressed whether sufficient evidence existed to prove that the defendant, Moschiano, knew a check was forged when he attempted to cash it. The court found that circumstantial evidence, including Moschiano’s false statements about the check’s origin, his willingness to accept a significantly reduced amount, and his subsequent disposal of the check, supported the inference that he knew the check was forged. The court emphasized that when reviewing the sufficiency of evidence, it must do so in the light most favorable to the prosecution, with credibility left to the trier of fact.

Facts

Defendant Moschiano asked John Scivoletto to cash a $377 check made out to Richard Moschiano, claiming the payee was on vacation and had given him the check. Moschiano offered to accept only $300 for the check. Richard Moschiano testified that he did not endorse the check or authorize anyone else to do so. After Scivoletto refused, Moschiano tried to cash the check at a diner and a bar, offering a larger discount. Unsuccessful, he threw the check in a garbage can, where it was later found with the payee’s endorsement.

Procedural History

The defendant was convicted of criminal possession of a forged instrument in the second degree. The Appellate Division reversed the conviction, vacated the sentence, and dismissed the indictment. The People appealed to the Court of Appeals. The defendant cross-appealed, challenging his sentencing as a second felony offender.

Issue(s)

1. Whether there was sufficient evidence to support a finding that the defendant knew when he presented the check for cashing that it was forged.
2. Whether the defendant was properly sentenced as a second felony offender.

Holding

1. Yes, because circumstantial evidence, including the defendant’s statements, conduct, and the payee’s testimony, supported the inference that the defendant knew the check was forged.
2. Yes, because the defendant failed to challenge his prior second felony offender adjudication by direct appeal or post-judgment motion, rendering the issue no longer open for review.

Court’s Reasoning

The Court of Appeals found sufficient evidence to infer Moschiano’s knowledge of the forgery. The court highlighted that when reviewing the sufficiency of the evidence to sustain a guilty verdict, the evidence must be viewed in the light most favorable to the People, and credibility is for the trier of fact to determine. The court reasoned that Moschiano’s statement that Richard Moschiano gave him the check, coupled with Richard Moschiano’s testimony that he did not endorse or authorize the endorsement, allowed the inference that Moschiano knew the endorsement was forged. The court further noted that Moschiano’s attempts to cash the check at a significant discount and his subsequent disposal of the check bolstered this inference. The court distinguished this case from People v. Green, noting the presence of sufficient evidence of knowledge, similar to People v. Johnson. Regarding the sentencing, the court held that since Moschiano did not challenge his prior second felony offender status through proper channels, he could not challenge it now.