N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Fraud / ARTICLE Forgery and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 170.10 (2026)

Forgery in the second degree

✓ current as of May 2026
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§ 170.10 Forgery in the second degree.
  A person is guilty of forgery in the second degree when, with intent
to defraud, deceive or injure another, he falsely makes, completes or
alters a written instrument which is or purports to be, or which is
calculated to become or to represent if completed:
  1. A deed, will, codicil, contract, assignment, commercial instrument,
credit card, as that term is defined in subdivision seven of section
155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right, interest,
obligation or status; or
  2. A public record, or an instrument filed or required or authorized
by law to be filed in or with a public office or public servant; or
  3. A written instrument officially issued or created by a public
office, public servant or governmental instrumentality; or
  4. Part of an issue of tokens, public transportation transfers,
certificates or other articles manufactured and designed for use as
symbols of value usable in place of money for the purchase of property
or services; or
  5. A prescription of a duly licensed physician or other person
authorized to issue the same for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law.
  Forgery in the second degree is a class D felony.
Notes of Decisions
Cited in 195 cases (12 in the last 5 years), 1979–2025 · leading case: People v. Cuevas, 140 A.D.3d 1313 (N.Y. App. Div. 2016).
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People v. Cuevas, 140 A.D.3d 1313 (N.Y. App. Div. 2016). · cites it 2× “Insofar as is relevant here, “[a] person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he [or she] falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to…”
People v. Watts, 32 N.Y.3d 358 (NY 2018). · cites it 11× “Defendant Rodney Watts, accused of selling counterfeit concert tickets, was charged by indictment with multiple counts of criminal possession of a forged instrument in the second degree (Penal Law § 170.”
People v. Rodriguez, 957 N.E.2d 1133 (NY 2011). · cites it 2× “Forged government identification cards fall under one category of documents specified in Penal Law § 170.10. 3 Because intent is an “ ‘invisible operation of [the] mind’ ” (People v Samuels, 99 NY2d 20, 24 [2002] [citation omitted]), direct evidence is rarely available (in the…”
Kwok Sum Wong v. Garland, 95 F.4th 82 (2d Cir. 2024). · cites it 7× “§ 2C:20-4 and second-degree forgery in violation of N.Y. Penal Law § 170.10 . After multiple appeals to the BIA, petitions to this Court, and remands to the agency, the BIA ultimately issued the challenged precedential decision dismissing Wong’s appeal of the IJ’s removal order.”
People v. Maracle, 973 N.E.2d 1272 (NY 2012). “40 [1]) and four counts of forgery in the second degree (Penal Law § 170.10 [1]) for stealing money from her employer.”
People v. Kocsis, 137 A.D.3d 1476 (N.Y. App. Div. 2016). · cites it 2× “As for defendant’s challenges to the legal sufficiency 3 and weight of the evidence, “[a] person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he [or she]…”
Crispino v. Allard, 378 F. Supp. 2d 393 (S.D.N.Y. 2005). · cites it 3× “52), two counts of grand larceny in the third degree, six counts of forgery in the second degree ( N.Y. Penal Law § 170.10 (1)) and three counts of criminal possession of a forged instrument in the *396 second degree.”
Commonwealth v. Hughes, 986 A.2d 159 (Pa. Super. Ct. 2009). · cites it 2× “1983), in finding check is form of commercial instrument); N.Y. Penal Law § 170.10 (1998) (interpreted by People v.”
People v. Ashner, 190 A.D.2d 238 (N.Y. App. Div. 1993). · cites it 2× “35) and 25 counts of forgery in the second degree (Penal Law § 170.10 [1]). All charges stemmed from a complaint made by her former employer, a bank where she had been employed as a teller.”
McDonough v. Smith, 898 F.3d 259 (2d Cir. 2018). “See N.Y. Penal Law §§ 170.10 , 170.25. The case against McDonough proceeded to trial but ended in a mistrial.”
People v. Rossborough, 101 A.D.3d 1775 (N.Y. App. Div. 2012). · cites it 2× “Memorandum: On appeal from a judgment convicting him upon a plea of guilty of forgery in the second degree (Penal Law § 170.10 [1]), defendant contends that the superior court information (SCI) and waiver of indictment were jurisdictionally defective because they contain…”
People v. Cunefare, 102 P.3d 302 (Colo. 2004). · cites it 2× “" N.Y. Penal Law § 170.10 (McKinney 2004). In determining whether "cloned" cellular telephones fit within the broad description of forged instruments, which is identical to Colorado's forgery statute, the court concluded that both the carrier and lawful user of the phones have a…”
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— N.Y. Penal Law § 170.10(1) — 2 cases
Crispino v. Allard, 378 F. Supp. 2d 393 (S.D.N.Y. 2005). “52), two counts of grand larceny in the third degree, six counts of forgery in the second degree ( N.Y. Penal Law § 170.10 (1)) and three counts of criminal possession of a forged instrument in the *396 second degree.”
Matter of Lefkowitz, 2018 NY Slip Op 5164 (N.Y. App. Div. 2018).
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