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New York Consolidated Laws

N.Y. Penal Law § 190.26 (2026)

Criminal impersonation in the first degree

✓ current as of May 2026
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§ 190.26 Criminal impersonation in the first degree.
  A person is guilty of criminal impersonation in the first degree when
he:
  1. Pretends to be a police officer or a federal law enforcement
officer as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other
insignia or facsimile thereof, by which such police officer or federal
law enforcement officer is lawfully distinguished or expresses by his or
her words or actions that he or she is acting with the approval or
authority of any police department or acting as a federal law
enforcement officer with the approval of any agency that employs federal
law enforcement officers as enumerated in section 2.15 of the criminal
procedure law; and
  2. So acts with intent to induce another to submit to such pretended
official authority or otherwise to act in reliance upon said pretense
and in the course of such pretense commits or attempts to commit a
felony; or
  3. Pretending to be a duly licensed physician or other person
authorized to issue a prescription for any drug or any instrument or
device used in the taking or administering of drugs for which a
prescription is required by law, communicates to a pharmacist an oral
prescription which is required to be reduced to writing pursuant to
section thirty-three hundred thirty-two of the public health law.
  Criminal impersonation in the first degree is a class E felony.
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1993–2026 · leading case: People v. Gillyard, 920 N.E.2d 344 (NY 2009).
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People v. Gillyard, 920 N.E.2d 344 (NY 2009). · cites it 2× “30 [6]) and criminal impersonation in the first and second degrees (Penal Law § 190.26 [1]; § 190.25 [3]), arising out of the two incidents.”
Brewer v. Vill. of Old Field, 311 F. Supp. 2d 390 (E.D.N.Y 2004). · cites it 2× “35 offering false instruments for filing; Penal Law § 20 Criminal liability for conduct of another; Penal Law § 190.26 Criminal impersonation in the first degree; and 18 U.”
People v. La Fontaine, 235 A.D.2d 93 (N.Y. App. Div. 1997). “This construction, though, misses the point: private citizens cannot hold themselves out to be police officers in order to assume the authority conferred by that status {see, Penal Law § 190.26). The New Jersey officers, having acted under the cloak of their authority as police…”
Wood v. Inc. Vill. of Patchogue, 311 F. Supp. 2d 344 (E.D.N.Y 2004). · cites it 2× “35 offering false instruments for filing; Penal Law § 20 Criminal liability for conduct of another; Penal Law § 190.26 Criminal impersonation in the first degree; and 18 U.”
People v. Martinez, 197 A.D.2d 540 (N.Y. App. Div. 1993). “A person is guilty of the crime of criminal impersonation in the first degree under Penal Law § 190.26 when he: "1. Pretends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer is…”
DePrima v. Vill. of Catskill, 105 F. Supp. 2d 75 (E.D.N.Y 2000). “See N.YPenal Law § 190.26 (McKinney *78 1999).”
People v. Barriera, 191 A.D.2d 153 (N.Y. App. Div. 1993). “The court further noted that criminal impersonation is a crime, citing Penal Law § 190.26 (1), which states that one is guilty of criminal impersonation when a person "[p]retends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia…”
People v. Soto, 8 Misc. 3d 350 (N.Y. Sup. Ct. 2005). “15), and criminal impersonation in the first degree (Penal Law § 190.26). He was thereafter sentenced on July 2, 1993 to concurrent indeterminate terms of imprisonment of from 20 years to life for the murder count, 15 years to life for each of the kidnapping counts, 6 to 12…”
Wood v. Inc. Vill. of Patchogue of Ny, 311 F. Supp. 2d 344 (E.D.N.Y 2004). · cites it 2× “35 offering false instruments for filing; Penal Law § 20 Criminal liability for conduct of another; Penal Law § 190.26 Criminal impersonation in the first degree; and 18 U.”
People v. Copeland, 52 Misc. 3d 372 (N.Y. City Crim. Ct. 2016). “With respect to the second incident, defendant was charged with criminal impersonation in the first degree (Penal Law § 190.26), and criminal impersonation in the second degree (Penal Law § 190.”
Passino (N.D.N.Y. 2026). “2 at ¶ 125 (citing N.Y. Pen. Law § 190.26 (1)); see also Dkt.”
People v. Taylor, 2019 NY Slip Op 3823 (N.Y. App. Div. 2019). “50[1]) constituted one of the offenses and a material element of the other offense, criminal impersonation in the first degree (Penal Law § 190.26[1]), the trial court should not have imposed consecutive sentences on these convictions ( see Penal Law § 70.”
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