PEOPLE v. DORNEVAL (1998)

The application of the defendant for inspection of the Grand Jury minutes having been granted, the Court has read the Grand Jury minutes and finds that sufficient evidence was presented to the Grand Jury to support the Indictment, and the Grand Jury proceeding was not defective.

The defense contends that a Resident Alien Card (Immigration and Naturalization Service Card) is not the proper subject for this Criminal Possession of a Forged Instrument in the Second Degree charge under New York State Penal Law § 170.25.

 This Court specifically finds that a federally issued Resident Alien Card (INS Card), often referred to as a “Green Card”, is covered by this state's forgery laws.   See, People v. Fury, 279 N.Y. 433, 18 N.E.2d 650 (1939) to the effect that a Federal Reserve Bank Note is covered by the New York State Penal Law on forgery.   The fact that the Federal Government had made uttering of counterfeit bank notes a crime and that only the Federal Government could coin money or issue legal currency or tender did not bar the state from making the uttering of counterfeit bank notes a felony.   People v. Fury, supra;  People v. Kalmus, 123 N.Y.S.2d 411 (Ct. of Gen. Sessions, New York County 1953).   The same act may constitute an offense against both the state and federal government.  People v. Broady, 5 N.Y.2d 500, 186 N.Y.S.2d 230, 158 N.E.2d 817 (1959).

Accordingly, the application of the defendant to dismiss or reduce the Indictment is denied in all respects.

DAVID D. EGAN, J.