People State New York v. Richard Tagliamonte

Appeal from a judgment of the County Court of Albany County, rendered February 13, 1979 upon a verdict convicting defendant of seven counts of the crime of criminal possession of a controlled substance in the first degree and one count of the crime of criminal possession of a forged instrument in the second degree. Defendant was indicted on seven counts of criminal possession of a controlled substance in the first degree (Penal Law, § 220.21, subd 1) and 21 counts of criminal possession of a forged instrument in the second degree (Penal Law, § 170.25). Twenty of the forged instrument charges were dismissed during trial, and defendant was convicted of the remaining one and the seven drug charges. He was sentenced to concurrent terms of imprisonment of 20 years to life for the drug charges and three and one-half to seven years for the forged instrument charge. This appeal ensued and defendant raises several issues which he contends require a reversal. Initially, defendant contends that the People failed to prove each and every element of the offenses charged. We disagree. The record clearly demonstrates that defendant adopted a scheme whereby he obtained the drug percodan from various drug stores in the Albany area by using false names and addresses on the prescriptions. Six pharmacists testified that they gave defendant more than two ounces of percodan when defendant presented the prescriptions, and seven such transactions were described. We also reject defendants contention that there was insufficient evidence to establish that the doctors signature on [78 A.D.2d 565 Page 566]