People v Bogan
2011 NY Slip Op 00037 [80 AD3d 450]
January 6, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


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

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

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 the first 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 to the element of knowledge (see People v Danielson, 9 NY3d 342, 349 [2007]). There is no basis for disturbing the jury's credibility determinations. Defendant's overall pattern of behavior when he passed two counterfeit bills and immediately thereafter, as well as evidence that the texture of these bills was noticeably different from that of genuine currency, warranted an inference that defendant knew they were counterfeit (see People v Johnson, 65 NY2d 556, 562 [1985]). Concur—Saxe, J.P., Friedman, McGuire, Abdus-Salaam and RomÁn, JJ.