Prescriptions Issued to Deceased and Fictitious Patients Are Forgeries Under New York Penal Law Although Signed With True Name of Issuing Doctor–People v. Klein

Defendant, a licensed New York physician, issued five prescriptions for narcotics, signing his own name and giving his correct address and narcotics registry number. On four of the prescriptions deceased patients were represented as the intended recipients of the drugs; on the fifth the name of a fictitious patient was used. The defendant used these forms to obtain the prescribed narcotics and administered them to an addict. He was convicted of ten counts of third-degree forgery under sections 889-b and 881 of the New York Penal Law. On appeal, held, affirmed. Prescriptions issued to deceased and fictitious patients are forgeries under New York law, notwithstanding the fact that they are signed with the true name of the doctor who executes them.