People v Bogan

2011 NY Slip Op 00037 [80 AD3d 450]

January 6, 2011

Appellate Division, First Department

As corrected through Wednesday, March 9, 2011

The People of the State of New York, Respondent, v JeffreyBogan, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), forappellant. Robert T. Johnson, District Attorney, Bronx (Rither Alabre of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered December 13, 2007,convicting defendant, after a jury trial, of two counts of criminal possession of a forged instrument in thefirst degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years,unanimously affirmed.

We reject defendant's claim that the verdict was against the weight of the evidence with regard tothe element of knowledge (see People vDanielson, 9 NY3d 342, 349 [2007]). There is no basis for disturbing the jury's credibilitydeterminations. Defendant's overall pattern of behavior when he passed two counterfeit bills andimmediately thereafter, as well as evidence that the texture of these bills was noticeably different fromthat of genuine currency, warranted an inference that defendant knew they were counterfeit (seePeople v Johnson, 65 NY2d 556, 562 [1985]). Concur—Saxe, J.P., Friedman, McGuire,Abdus-Salaam and RomÁn, JJ.