People v. Barona

In People v. Barona (19 Misc 3d 1122[A], 862 N.Y.S.2d 816, 2008 NY Slip Op 50814[U] [Crim Ct, NY County 2008]) a forged New York State Identification Card, issued in his own name, was recovered from the defendant's hand. In rejecting the defendant's challenge to the sufficiency of the allegations proffered to establish intent to defraud, deceive or injure another (as well as knowledge), this court concluded that because "a New York State Identification Card serves no purpose other than to establish the identity of the holder, including his or her name, address, and date of birth," and because "the need for such proof arises only when the bearer seeks to obtain some privilege, right, benefit or entitlement," there "is simply no reason to obtain or possess a New York State Identification Card unless one intends to use it in order to demonstrate one's identity. And there is, therefore, no reason to knowingly possess a forged state identification card unless one intends to present it as real -- in other words, to defraud or deceive another" (Barona, 19 Misc 3d 1122[A], 862 N.Y.S.2d 816, 2008 NY Slip Op 50814[U], 3-4.)