New York Consolidated Laws

N.Y. Penal Law § 170.05 (2026)

Forgery in the third degree

✓ current as of May 2026

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§ 170.05 Forgery in the third degree.
  A person is guilty of forgery in the third degree when, with intent to
defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument.
  Forgery in the third degree is a class A misdemeanor.

Notes of Decisions

Cited in 39 cases (5 in the last 5 years), 1978–2024 · leading case: Dorothy M. Faison v. Tonya Lewis, 32 N.E.3d 400 (NY 2015).

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Dorothy M. Faison v. Tonya Lewis, 32 N.E.3d 400 (NY 2015). · cites it 4× “Indeed, New York has determined that forgery is sufficiently morally unacceptable and dangerous to society that our State has criminalized forgery, subjecting wrongdoers to potential criminal prosecution with the attendant risk of incarceration (see Penal Law §§ 170.05, 170.10,…”

People v. Golb, 15 N.E.3d 805 (NY 2014). · cites it 2× “IV The Convictions for Forgery in the Third Degree, Identity Theft in the Second Degree and Unauthorized Use of a Computer “A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written…”

Trevor Drakes v. Charles W. Zimski, Acting Dir. of Immigr. & Naturalization Serv. Janet Reno, Attorney Gen., 240 F.3d 246 (3rd Cir. 2001). “§ 53a-138 (1999); N.Y.Penal Law § 170.05 (2000); N.D.Cent. Code § 12.”

Golb v. Attorney Gen. of the State of New York, 870 F.3d 89 (2d Cir. 2017). · cites it 2× “N.Y. Penal Law § 170.05 . At trial, Golb sought jury instructions defining several statutory terms, including “injure,” but the jury charge offered no definitions of “injure” or of “deceive.”

People v. Lopez, 8 Misc. 3d 873 (N.Y. City Crim. Ct. 2005). · cites it 4× “15 [1]), forgery in the third degree (Penal Law § 170.05), criminal possession of a forged instrument in the third degree (Penal Law § 170.”

Amusement Indus., Inc. v. Stern, 293 F.R.D. 420 (S.D.N.Y. 2013). “Nonetheless, because Amusement has raised it, and because it only bolsters the existing probable cause to believe that Stern’s efforts to obtain financing were part of a fraudulent scheme, and that he acted with fraudulent intent, we address the allegations of forgery as well.”

People v. Rosado, 192 Misc. 2d 184 (N.Y. City Crim. Ct. 2002). · cites it 2× “20) and forgery in the third degree (in violation of Penal Law § 170.05). By omnibus motion he moves, inter alia, for an order dismissing the charges as facially insufficient.”

Ingber v. Lagarenne, 299 A.D.2d 608 (N.Y. App. Div. 2002). “Within this framework, we reject plaintiffs’ first contention that defendant was required to prove each and every element of the crime of forgery in the third degree (see Penal Law § 170.05) in order to establish truth as an affirmative defense in this civil libel action (see…”

Filor, Bullard & Smyth v. Ins. Co. of North Am., 605 F.2d 598 (2d Cir. 1978). “” N.Y. Penal Law § 170.05 (McKinney 1975) (emphasis added).”

Matter of Herzog, 145 A.D.3d 1315 (N.Y. App. Div. 2016). “Following respondent’s plea of guilty to a “serious crime” (Judiciary Law § 90 [4] [d]), namely, two counts of forgery in the third degree, a class A misdemeanor (see Penal Law § 170.05), this Court disbarred respondent by order entered June 12, 2008 ( 52 AD3d 1019 [2008]).”

French Am. Banking Corp. v. Flota Mercante Grancolombiana, S.A., 752 F. Supp. 83 (S.D.N.Y. 1990). “See N.Y. Penal Law § 170.05 (McKinney 1988). A person “falsely makes” a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but…”

People v. Applegate, 176 A.D.2d 888 (N.Y. App. Div. 1991). “However, as the People concede, the one year sentences imposed upon the defendant’s convictions for forgery in the third degree (Penal Law § 170.05) and criminal impersonation in the second degree (Penal Law § 190.”

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