New York Court of Appeals

The People of the State of New York v. Charles James Briggins

May 6, 198050 N.Y.2d 302

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the indictment, holding that documents obtained under an assumed name are not forged instruments under Penal Law §170.25 because the maker is not fictitious and there was no intent to defraud. Justice Jones concurred, emphasizing the lack of fraudulent intent.