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 § 210.15 (2026)

Perjury in the first degree

✓ current as of May 2026
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§ 210.15 Perjury in the first degree.
  A person is guilty of perjury in the first degree when he swears
falsely and when his false statement (a) consists of testimony, and (b)
is material to the action, proceeding or matter in which it is made.
  Perjury in the first degree is a class D felony.
Notes of Decisions
Cited in 100 cases (7 in the last 5 years), 1978–2025 · leading case: People v. Shoga, 89 A.D.3d 1225 (N.Y. App. Div. 2011).
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People v. Shoga, 89 A.D.3d 1225 (N.Y. App. Div. 2011). “We reject defendant’s related challenge to his conviction for perjury in the first degree, which is committed when a defendant “swears falsely and when his [or her] false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is…”
People v. Bedell, 84 A.D.3d 1733 (N.Y. App. Div. 2011). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of perjury in the first degree (Penal Law § 210.15). We reject defendant’s contention that County Court abused its discretion in denying defendant’s request for recusal (see generally…”
People v. James, 717 N.E.2d 1052 (NY 1999). “Defendant was convicted after a jury trial of two counts of peijury in the first degree (Penal Law § 210.15). The conviction was premised on defendant’s denial, during a Grand Jury investigation, that he had been present at an October 20, 1990 meeting at which information…”
People v. Zimmerman, 881 N.E.2d 193 (NY 2007). · cites it 2× “In January 2005, the grand jury indicted defendant for perjury in the first degree (Penal Law § 210.15), charging him with six instances of testifying falsely.”
In re Freedman, 11 A.D.3d 172 (N.Y. App. Div. 2004). · cites it 2× “The Committee contends that the federal felony of perjury of which respondent stands convicted is “essentially similar” to a New York felony and, consequently, provides a proper predicate for his automatic disbarment under Judiciary Law § 90 (4) (b) (see Matter of Margiotta, 60…”
United States v. Frank Serafini, 167 F.3d 812 (3rd Cir. 1999). “Perjury in the first degree — a higher degree felony — involves "swearfing] falsely" when one’s "false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.”
People v. Evans, 269 A.D.2d 797 (N.Y. App. Div. 2000). · cites it 2× “Defendant also appeals from a judgment convicting her upon a jury verdict of peijury in the first degree (Penal Law § 210.15) (appeal No. 2). In challenging the perjury conviction, defendant contends that her false testimony was not material to the Grand Jury’s investigation.”
People v. Bellamy, 34 A.D.3d 937 (N.Y. App. Div. 2006). “40 [2]) and of subsequently making a false sworn statement concerning his commission of same (see Penal Law § 210.15). Clearly, these offenses require the performance of entirely separate acts (compare People v Maloney, 233 AD2d 681, 683 [1996]) and the mere fact that the…”
Wolfe v. Kelly, 79 A.D.3d 406 (N.Y. App. Div. 2010). “3 alleged that on or about and between April 23, 1998 and December 17, 1998, the petitioner testified falsely while under oath during an official court proceeding, in violation of Penal Law § 210.15. Due to the lack of specificity in the charges, in particular, specification Nos.”
People v. D'Alvia, 171 A.D.2d 96 (N.Y. App. Div. 1991). · cites it 2× “The defendant was convicted, following a jury trial, of one count of perjury in the first degree (Penal Law § 210.15) and three counts of criminal contempt in the first degree (Penal Law § 215.”
People v. Williams, 51 A.D.3d 1141 (N.Y. App. Div. 2008). “A person is guilty of peijury in the first degree “when he [or she] swears falsely and when his [or her] false statement (a) consists of testimony, and (b) is material to the action, proceed *1143 ing or matter in which it is made” (Penal Law § 210.”
People v. Tucker, 95 A.D.3d 1437 (N.Y. App. Div. 2012). “To that end, the People presented defendant’s testimony before the grand jury that the only time he ever used the laptop computer was one occasion when he fixed a problem that his daughter was having with the Internet connection.”
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