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 § 175.35 (2026)

Offering a false instrument for filing in the first degree

✓ current as of May 2026
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§ 175.35 Offering a false instrument for filing in the first degree.
  A person is guilty of offering a false instrument for filing in the
first degree when:
  1. knowing that a written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority or public benefit corporation of the
state, he or she offers or presents it to a public office, public
servant, public authority or public benefit corporation 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,
public servant, public authority or public benefit corporation; or
  2. (a) he or she commits the crime of offering a false instrument for
filing in the second degree; and
  (b) such instrument is a financing statement the contents of which are
prescribed by section 9--502 of the uniform commercial code, the
collateral asserted to be covered in such statement is the property of a
person who is a state or local officer as defined by section two of the
public officers law or who otherwise is a judge or justice of the
unified court system, such financing statement does not relate to an
actual transaction, and he or she filed such financing statement in
retaliation for the performance of official duties by such person.
  Offering a false instrument for filing in the first degree is a class
E felony.
Notes of Decisions
Cited in 307 cases (21 in the last 5 years), 1980–2026 · leading case: Taub v. Altman, 814 N.E.2d 799 (NY 2004).
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Taub v. Altman, 814 N.E.2d 799 (NY 2004). · cites it 5× “On this appeal, defendants challenge New York County’s jurisdiction to prosecute five of these counts, each of which charges defendants with the class E felony of offering a false instrument for filing in the first degree (see Penal Law § 175.35); jurisdiction as to the…”
People v. O'HARA, 754 N.E.2d 155 (NY 2001). · cites it 3× “Defendant was charged with one count of offering a false instrument for filing in the first degree (Penal Law § 175.35), one count of false registration (Election Law § 17-104 [4]) and five counts of illegal voting (Election Law § 17-132 [3]).”
People v. Miller, 519 N.E.2d 297 (NY 1987). · cites it 5× “30, as amended by L 1986, ch 515) and 10 counts of offering a false instrument for filing in the first degree (Penal Law § 175.35). In substance, the indictment charged that defendant, while working as an assistant train conductor for the Metro-North commuter railroad, stole…”
People v. Decker, 2023 NY Slip Op 03950 (N.Y. App. Div. 2023). · cites it 3× “Contrary to defendant's contention, the People were not required to prove that the state suffered a financial loss ( see Penal Law § 175.35 [1]; CJI2d[NY] Penal Law § 175.”
People v. Horne, 767 N.E.2d 132 (NY 2002). “In finding defendant guilty of three counts of offering a false instrument for filing in the first degree, the jury necessarily concluded that defendant offered written instruments containing false statements or information “with intent to defraud the state or any political…”
Matter of Fengling Liu, 2017 NY Slip Op 5698 (N.Y. App. Div. 2017). · cites it 3× “New York’s Penal Law § 175.35 provides, in pertinent part: “[a] person is guilty of offering a false instrument for filing in the first degree when: *49 “1.”
In re Sorin, 47 A.D.3d 1 (N.Y. App. Div. 2007). · cites it 2× “roved CTI’s proxy statements and SEC filings which falsely reported that the options were issued with a fair exercise price knowing that the SEC filings would be transmitted to the SEC and the audited financial statements would be mailed to Corn-verse shareholders, is also…”
People v. Ohrenstein, 565 N.E.2d 493 (NY 1990). · cites it 3× “Based on *46 this premise the defendants are charged with filing false instruments (Penal Law § 175.35) for certifying that members of the staff active in political campaigns performed "proper duties,” and are further charged with committing larceny by false pretenses (Penal Law…”
Mahoney v. State of New York, 147 A.D.3d 1289 (N.Y. App. Div. 2017). · cites it 2× “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” (Penal Law § 175.35 [1]). Here, claimant’s sworn statements to police establish that he directed Hayes to create odometer…”
People v. Mikuszewski, 538 N.E.2d 1017 (NY 1989). · cites it 2× “, Roben’s affidavit) for filing (Penal Law § 175.35). Count 3 alleges that Roben’s affidavit had been filed with New York State Department of Transportation in April 1983 and count 4 alleges that the same document had been sent to the New York State Department of Transportation…”
People v. Kendzia, 476 N.E.2d 287 (NY 1985). “35), offering a false instrument for filing in the first degree (Penal Law § 175.35), and violating Tax Law, article 28, § 1145 (b).”
People v. Oberlander, 60 A.D.3d 1288 (N.Y. App. Div. 2009). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting her following a jury trial of 12 counts of offering a false instrument for filing in the first degree (Penal Law § 175.35) and one count of grand larceny in the second degree (§ 155.”
Show all 307 citing cases →
— N.Y. Penal Law § 175.35(1) — 3 cases
Matter of Serber, 2023 NY Slip Op 00872 (N.Y. App. Div. 2023).
Berry v. Marchinkowski, 137 F. Supp. 3d 495 (2015).
Matter of Cohen, 2018 NY Slip Op 5964 (N.Y. App. Div. 2018).
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