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 § 175.40 (2026)

Issuing a false certificate

✓ current as of May 2026
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§ 175.40 Issuing a false certificate.
  A person is guilty of issuing a false certificate when, being a public
servant authorized by law to make or issue official certificates or
other official written instruments, and with intent to defraud, deceive
or injure another person, he issues such an instrument, or makes the
same with intent that it be issued, knowing that it contains a false
statement or false information.
  Issuing a false certificate is a class E felony.
Notes of Decisions
Cited in 4 cases, 1985–1987 · leading case: People v. Alvino, 519 N.E.2d 808 (NY 1987).
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People v. Alvino, 519 N.E.2d 808 (NY 1987). “In People v Alvino, defendant was charged with issuing a false certificate (Penal Law § 175.40) and bribe receiving, second degree (Penal Law former § 200.”
People v. Rider, 115 A.D.2d 123 (N.Y. App. Div. 1985). “5 and 67 through 69, pertaining to violations of Village Law § 5-524, upon a determination that each of these counts related to salary items outside the scope of the statute (see, Village Law § 5-524 [5]); (2) having so determined that these vouchers pertained to salary items,…”
People v. Enfeld, 136 Misc. 2d 252 (N.Y. Sup. Ct. 1987). “Each of these counts charges her with issuing a false certificate in violation of Penal Law § 175.40 which provides that: "A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official…”
People v. Alvino, 122 A.D.2d 666 (N.Y. App. Div. 1986). · cites it 2× “Similarly, the second crime for which defendant was indicted, issuing a false certificate (Penal Law § 175.40), also places intent at the heart of the crime.”
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