What constitutes criminal possession of a forged instrument in the first degree?

An individual is guilty of criminal possession of a forged instrument in the first degree under Penal Law 170.30 "when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.15." The language of the statute contemplates a complex mens rea that "requires both knowing possession and intent. [The intent element] does not, however, require use or attempted use as an element of the crime ... Nor does [it] require that the contemplated use be imminent" ( People v. Rodriguez, 17 N.Y.3d 486, 490, 933 N.Y.S.2d 631, 957 N.E.2d 1133 [2011] ). "Because intent is an invisible operation of the mind, direct evidence is rarely available (in the absence of an admission) and is unnecessary where there is legally sufficient circumstantial evidence of intent," in the form of the defendant's conduct and the circumstances surrounding

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