New York Penal Law § 190.23: False Personation

New York Penal Law § 190.23: False Personation makes it a crime to impersonate someone else with the intent to defraud or harm another person. This offense is also known as identity theft. The statute is designed to protect individuals from being harmed by others who assume their identity, or use their personal information for fraudulent purposes.

Under this law, a person is guilty of false personation if they assume a false identity or impersonate another person without permission, with the intent to defraud or harm another person. The offense can be committed in a variety of ways, including by using another person's name, social security number, or other identifying information. It can also involve falsely representing oneself as an officer of the law or government agency, or as a representative of a business or organization.

People v. Prado, 2015 NY Slip Op 50744(U) (N.Y. Crim. Ct. 2015): In People v. Prado, the defendant, Joel Prado, was charged with false personation under New York Penal Law § 190.23. The evidence presented at trial showed that Prado had used another person's name and social security number to obtain a driver's license and credit cards. When he was arrested, Prado admitted to using the false identity for several years to avoid being arrested for prior offenses.

The court found that Prado's actions constituted false personation under New York Penal Law § 190.23. The court explained that false personation occurs when a person "impersonates another, without permission, with intent to obtain a benefit or to injure or defraud another." In this case, Prado had used the false identity to obtain a driver's license and credit cards, which constituted a benefit, and had also admitted to using the false identity to avoid being arrested for prior offenses, which constituted an intent to injure or defraud.

1. Issuing a bad check: New York Penal Law section 190.10
2. False advertising: New York Penal Law section 190.20
3. Criminal impersonation in the second degree: New York Penal Law section 190.25
4. Criminal impersonation in the first degree: New York Penal Law section 190.26

As a class B misdemeanor, the maximum sentence for a conviction under this statute is up to three months in jail and a fine of up to $500. The sentence that will be imposed for a violation of New York Penal Law § 190.23: False personation is not fixed, and is subject to variation based on several factors. These include the particular circumstances surrounding the case, such as the seriousness of the offense committed, any prior criminal record held by the defendant, as well as other relevant factors. Therefore, the actual sentence handed down in a given case may differ from the maximum punishment set out under the statute.

A person is guilty of false personation when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information. False personation is a class B misdemeanor.

When facing a charge of New York Penal Law § 190.23, false personation, it is crucial to seek the guidance of an experienced New York criminal lawyer who will have a thorough understanding of the New York criminal justice system and the nuances of the law, including the defenses available for false personation charges. They can use this expertise to assess the strength of the case against you and determine the best strategy for defending you. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.