N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Perjury and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 210.00 (2026)

Perjury and related offenses; definitions of terms

✓ current as of May 2026
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§ 210.00 Perjury and related offenses; definitions of terms.
  The following definitions are applicable to this article:
  1. "Oath" includes an affirmation and every other mode authorized by
law of attesting to the truth of that which is stated.
  2. "Swear" means to state under oath.
  3. "Testimony" means an oral statement made under oath in a proceeding
before any court, body, agency, public servant or other person
authorized by law to conduct such proceeding and to administer the oath
or cause it to be administered.
  4. "Oath required by law." An affidavit, deposition or other
subscribed written instrument is one for which an "oath is required by
law" when, absent an oath or swearing thereto, it does not or would not,
according to statute or appropriate regulatory provisions, have legal
efficacy in a court of law or before any public or governmental body,
agency or public servant to whom it is or might be submitted.
  5. "Swear falsely." A person "swears falsely" when he intentionally
makes a false statement which he does not believe to be true (a) while
giving testimony, or (b) under oath in a subscribed written instrument.
A false swearing in a subscribed written instrument shall not be deemed
complete until the instrument is delivered by its subscriber, or by
someone acting in his behalf, to another person with intent that it be
uttered or published as true.
  6. "Attesting officer" means any notary public or other person
authorized by law to administer oaths in connection with affidavits,
depositions and other subscribed written instruments, and to certify
that the subscriber of such an instrument has appeared before him and
has sworn to the truth of the contents thereof.
  7. "Jurat" means a clause wherein an attesting officer certifies,
among other matters, that the subscriber has appeared before him and
sworn to the truth of the contents thereof.
Notes of Decisions
Cited in 33 cases (2 in the last 5 years), 1973–2024 · leading case: People v. Finley, 891 N.E.2d 1165 (NY 2008).
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People v. Finley, 891 N.E.2d 1165 (NY 2008). “20 "substantially restates" that same distinction as established in former Penal Law § 1691 (3) and (2) ( see Staff Notes of Temp St Commn on Rev of Penal Law and Crim Code, 1964 Proposed NY Penal Law [Study Bill, 1964 Senate Intro 3918, Assembly Intro 5376], at 373 [describing…”
Felder v. Storobin, 100 A.D.3d 11 (N.Y. App. Div. 2012). “13 at 204; see Penal Law § 210.00 [1] [defining “oath” as “an affirmation and every other mode authorized by law of attesting to the truth of that which is stated”]).”
Duffy v. Ward, 612 N.E.2d 1213 (NY 1993). “In contrast to misdemeanors such as perjury (see, Penal Law §§ 210.00, 210.05) or bribery (see, e.”
People v. Talmadge, 2020 NY Slip Op 05000 (N.Y. App. Div. 2020). · cites it 2× “"Testimony" is defined as "an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer the oath or cause it to be administered" (Penal Law § 210.00 [3]). Moreover,…”
People v. Coles, 141 Misc. 2d 965 (N.Y. Sup. Ct. 1988). · cites it 2× “” (See also, Penal Law § 210.00 [1]; General Construction Law § 36.”
People v. Oakes, 168 A.D.2d 893 (N.Y. App. Div. 1990). “The defense maintained that such testimony was relevant to the issue whether defendant possessed the requisite specific intent of knowingly and willfully giving false testimony (see, Penal Law § 210.00 [5]; § 210.15; People v Samuels, 284 NY 410 ).”
DeSantis v. Dryden Mut. Ins., 241 A.D.2d 916 (N.Y. App. Div. 1997). “Furthermore, Penal Law § 210.00 defines terms for purposes of peijury prosecution.”
People v. Hadid, 121 A.D.3d 811 (N.Y. App. Div. 2014). “Moreover, the prosecution made no effort to elicit information from Hadid to clarify his response to the inquiry by Kargu’s counsel (see People v Tyler, 46 NY2d at 260-261 ).”
People v. Pearson, 26 A.D.3d 783 (N.Y. App. Div. 2006). “, that defendant intentionally made a false statement that she did not believe to be true (see Penal Law § 210.00 [5]), and that the statement consisted of sworn testimony that was material to the proceeding in which it was made (see § 210.”
People v. Cohen, 9 A.D.3d 71 (N.Y. App. Div. 2004). “Swearing falsely requires that the defendant intentionally makes a false statement that he or she does not believe to be true, while giving testimony (Penal Law § 210.00 [5]; see generally 9-84 New York Criminal Practice § 84.”
People v. Sadacca, 128 Misc. 2d 494 (N.Y. Sup. Ct. 1985). · cites it 2× “) In other words, with regard to perjury, there must be proof that the defendant intentionally caused the witness to make a false statement under oath, which statement the defendant did not believe to be true, and by which he intended to deceive.”
People v. Uhrey, 169 Misc. 2d 1015 (N.Y. Sup. Ct. 1996). “Penal Law § 210.00 (3) defines testimony as "an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer the oath” (emphasis added).”
Show all 33 citing cases →
— N.Y. Penal Law § 210.00(5) — 1 case
United States Ex Rel. Conomos v. LaVallee, 363 F. Supp. 994 (S.D.N.Y. 1973).
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