N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Fraud / ARTICLE Offenses Involving False Written Statements
New York Consolidated Laws

N.Y. Penal Law § 175.30 (2026)

Offering a false instrument for filing in the second degree

✓ current as of May 2026
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§ 175.30 Offering a false instrument for filing in the second degree.
  A person is guilty of offering a false instrument for filing in the
second degree when, knowing that a written instrument contains a false
statement or false information, he offers or presents it to a public
office or public servant with the knowledge or belief that it will be
filed with, registered or recorded in or otherwise become a part of the
records of such public office or public servant.
  Offering a false instrument for filing in the second degree is a class
A misdemeanor.
Notes of Decisions
Cited in 89 cases (13 in the last 5 years), 1981–2025 · leading case: Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011).
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Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011). · cites it 2× “N.Y. Penal Law § 175.30 (McKinney 2010). Indeed, as quoted in Part I.”
Montero v. City of N.Y., 890 F.3d 386 (2d Cir. 2018). “50 ; N.Y. Penal Law § 175.30 ). Thus, the Jackler Court recognized that a public employee speaks "as a citizen" when he or she refuses to commit a crime because all citizens have a duty to follow the law.”
People v. Williams, 137 A.D.3d 1709 (N.Y. App. Div. 2016). “35), offering a false instrument for filing in the second degree (Penal Law § 175.30), and two counts of practicing or appearing as an attorney-at-law without being admitted and registered (Judiciary Law § 478).”
Hricik v. McMahon, 247 A.D.2d 935 (N.Y. App. Div. 1998). · cites it 3× “30 [7]); and offering a false instrument for filing in the second degree (Penal Law § 175.30). In January 1997 respondent accepted the Board’s findings and recommendations but granted petitioner amnesty on the first charge pursuant to the amnesty program in effect in September…”
Fusco v. Fusco, 36 A.D.3d 589 (N.Y. App. Div. 2007). “” If the statement was published to Dorothy Marchetti as alleged, it may be slanderous per se, as the filing of a false police report is a crime (Penal Law § 175.30). The complaint therefore states a cause of action for purposes of surviving a motion to dismiss pursuant to CPLR…”
Tasadfoy v. Ruggiero, 365 F. Supp. 2d 542 (S.D.N.Y. 2005). “The matter was referred to the Dutchess County District Attorney, who presented evidence to a grand jury, which indicted Tasadfoy for Offering a False Instrument in the Second Degree (Penal Law § 175.30) and Criminal Tampering in the Fourth Degree (Penal Law § 156.”
Wilson v. Town of Minerva Town Bd., 65 A.D.3d 788 (N.Y. App. Div. 2009). “The misconduct charge was not time-barred, as petitioner’s actions could constitute the crime of offering a false instrument for filing in the second degree (see Civil Service Law § 75 [4]; Penal Law § 175.30; Matter of Velez v New York City Tr.”
Matter of Walker v. City of Plattsburgh, 2023 NY Slip Op 00021 (N.Y. App. Div. 2023). “Here, the charges alleged misconduct which, if proved, satisfied each of the elements of the crimes of offering a false instrument for filing in the second degree ( see Penal Law § 175.30) (three charges), making a punishable false written statement ( see Penal Law § 210.”
In re Silverblatt, 113 A.D.2d 1 (N.Y. App. Div. 1985). “In Matter of Monte (supra), this court considered and rejected the contention, made by respondent here, that the State misdemeanor statute (Penal Law § 175.30) is more analogous because Penal Law § 175.”
Matter of Chesebro, 2024 NY Slip Op 05394 (N.Y. App. Div. 2024). “35 [1], with Penal Law § 175.30). Such a distinction cannot be overlooked, particularly when New York's misdemeanor crime of offering a false instrument for filing in the second degree is itself similar to the relevant Georgia statute ( see e.”
People v. Branton, 2025 NY Slip Op 03226 (N.Y. App. Div. 2025). “offer[ed] or present[ed] it to a public office or public servant with the knowledge or belief that it [would] be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant" (Penal Law § 175.30). At trial, the DOCCS…”
Loder v. Nied, 89 A.D.3d 1197 (N.Y. App. Div. 2011). “Additionally, while the language of the July 2010 letter is likewise presented in the form of an opinion, it indicates that *1201 plaintiff may have acted criminally by knowingly and willfully filing a false instrument (see Penal Law §§ 175.30, 175.35). Contrary to defendants’…”
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