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

N.Y. Penal Law § 176.10 (2026)

Insurance fraud in the fifth degree

✓ current as of May 2026
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§ 176.10 Insurance fraud in the fifth degree.
  A person is guilty of insurance fraud in the fifth degree when he
commits a fraudulent insurance act.
  Insurance fraud in the fifth degree is a class A misdemeanor.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1985–2025 · leading case: People v. Alfaro, 108 A.D.2d 517 (N.Y. App. Div. 1985).
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People v. Alfaro, 108 A.D.2d 517 (N.Y. App. Div. 1985). · cites it 4× “Defendant appeals from a judgment of the Supreme Court, Queens County ( 121 Misc 2d 804 ), which convicted him, following a nonjury trial, of insurance fraud in the third degree (Penal Law § 176.10) and imposed a $1,000 fine.”
Brown Ex Rel. Rhiner v. Kerkhoff, 504 F. Supp. 2d 464 (S.D. Iowa 2007). · cites it 2× “” N.Y. Penal Law § 176.10 . A person commits insurance fraud under New York Penal Law section 176.”
People v. Chase, 299 A.D.2d 597 (N.Y. App. Div. 2002). “Nevertheless, having found legally sufficient evidence that defendant committed a fraudulent insurance act in 1990 (see Penal Law § 176.”
People v. Trump, 2025 NY Slip Op 04756 (N.Y. App. Div. 2025). · cites it 8× “Notably, the crime at issue here, insurance fraud in the fifth degree (Penal Law § 176.10), involves the commission of a fraudulent insurance act, irrespective of whether any property of value is secured; the higher degrees for this offense correspond to values from in excess of…”
People v. Van Wie, 238 A.D.2d 876 (N.Y. App. Div. 1997). “Defendant was convicted upon his plea of guilty to insurance fraud in the fifth degree (Penal Law § 176.10), allegedly committed by his receipt of benefits pursuant to a series of unchallenged determinations of the Workers’ Compensation Board.”
People v. O'Boyle, 136 Misc. 2d 1010 (N.Y. Sup. Ct. 1987). “15; see also, Hechtman, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 176.10, at 236 [1987 Pocket Part].”
People v. Wesley, 238 A.D.2d 939 (N.Y. App. Div. 1997). “10 [1]) and insurance fraud in the fifth degree (Penal Law § 176.10). In accordance with his plea bargain, defendant pleaded guilty to forgery in the second degree in full satisfaction of the indictment.”
People v. Palmeri, 35 Misc. 3d 25 (N.Y. App. Term. 2012). “30), insurance fraud in the fifth degree (Penal Law § 176.10), and petit larceny (Penal Law § 155.”
People v. Markowitz, 148 Misc. 2d 117 (N.Y. City Crim. Ct. 1990). “Defendant stands charged with insurance fraud in the fifth degree (Penal Law § 176.10), petit larceny (Penal Law § 155.”
People v. Shnaider, 150 Misc. 2d 728 (N.Y. City Crim. Ct. 1991). · cites it 2× “The defendant is charged with insurance fraud in the fifth degree (Penal Law § 176.10), attempted grand larceny in the fourth degree (Penal Law §§ 110.”
In Re Wiss, 948 A.2d 1179 (D.C. 2008). “Wiss pleaded guilty to one misdemean- or count of insurance fraud in the fifth degree in violation of N.Y. Penal Law § 176.10 . 1 Following a disciplinary hearing, and agreement between respondent and Disciplinary Counsel, the New York Supreme Court, Appellate Division,…”
Matter of Horowitz, 123 A.D.3d 207 (N.Y. App. Div. 2014). “Respondent disputes this contention, suggesting that the health care fraud conviction may only be said to be essentially similar to the New York misdemeanor of insurance fraud in the fifth degree (Penal Law § 176.10). The two felony statutes are not mirror images of each other,…”
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