People v. Wellington
837 N.Y.S.2d 303
N.Y. App. Div.
2007
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v CECILIO WELLINGTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

837 NYS2d 303

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered December 15, 2004, convicting him of criminal possession of a forged instrument in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant‘s challenge for cause to a prospective juror since the challenged prospective juror did not demonstrate a real bias (see ; ; ; ; ; ).

The defendant also contends that the People failed to establish that he had the requisite intent to defraud because both parties to the sale of the fake Social Security card knew it was forged. Viewing the evidence in the light most favorable to the prosecution (see ), we find that it was legally sufficient to permit the jury to infer from the defendant‘s possession of a concededly forged Social Security card that he intended the purchaser would use it to defraud or mislead others, including the government, the person actually assigned the number used on the forged card, or potential employers (see ; ; , affd on other grounds ; ; , affd ). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see ). Schmidt, J.P., Rivera, Angiolillo and Balkin, JJ., concur.