Opinion
May 27, 1986
Appeal from the County Court, Rockland County (Meehan, J.).
Judgment affirmed.
The court did not err in allowing the People to prove that the defendant had issued bad checks on numerous occasions not related to the crimes charged in the indictment. Evidence of such uncharged crimes was probative of the defendant's intent and the absence of mistake with respect to the crimes which were charged (People v Dales, 309 N.Y. 97; People v Molineux, 168 N.Y. 264; cf. People v Sudler, 100 A.D.2d 915). The defendant's argument that the County Court of Rockland County did not have geographical jurisdiction with respect to the eighth and ninth counts of the indictment is also without merit. Among the elements of the crime of issuing a bad check are (1) that the drawer of the check have knowledge that he does not have sufficient funds with the drawee to cover the check, and (2) that the drawer intend or believe at the time of utterance that the drawee will refuse payment upon presentation (Penal Law § 190.05 [a], [b]). The record contains sufficient evidence to support the inference that the defendant formed the necessary culpable mentate in Rockland County, so that such county would have geographical jurisdiction (CPL 20.40 [a]; People v Tullo, 34 N.Y.2d 712; People v Chaitin, 94 A.D.2d 705, affd 61 N.Y.2d 683). Also, the drawee bank was located in Rockland County, and therefore the jury could properly infer that the defendant contemplated and knew that the check would ultimately be dishonored in Rockland County.
Finally, there is no merit to the defendant's contention that he was entitled to a "moral certainty" charge with respect to the People's burden of proof. Such a charge is mandated by statute in prosecutions for larceny by false promise (Penal Law § 155.05 [d]; People v Churchill, 47 N.Y.2d 151). However, such a charge is not similarly mandated in a prosecution for larceny by issuance of a bad check (Penal Law § 155.05 [c]). Mollen, P.J., Thompson, Rubin and Lawrence, JJ., concur.