AD4 order dated November 10, 2011, modifying judgment of conviction. The Appellate Division vacated defendant’s conviction for second-degree criminal possession of a forged instrument, vacated the restitution amount ordered and remitted to County Court for a restitution hearing, and otherwise affirmed the judgment. Decision below: 89 A.D.3d 1369, 932 N.Y.S.2d 603. Carni, J. (AD dissenter), granted leave to People February 1, 2012.

ISSUES PRESENTED: (1) The sufficiency of the evidence of check forgery, where the defendant had the victim’s power of attorney to write checks, even if the checks in question exceeded the authority granted by the victim. (2) Whether defendant was entitled to restitution hearing upon request of the defendant, even though the record was clear as to the amount in question.

People's appeal - sufficiency of evidence of check forgery