New York Criminal Lawyer Blog

Before the dawn of identity theft laws, the crime of Criminal Impersonation, pursuant to New York Penal Law sections 190.25 and 190.26, was the weapon of the assistant district attorney to prosecute fraud crimes related to one's identification or persona in New York. This entry will address the crime of Criminal Impersonation in Second Degree (NY PL 190.25) and Criminal Impersonation in the First Degree (NY PL 190.26). A second entry will address legal decisions applicable to these laws.

Criminal Impersonation in the Second Degree - New York Penal Law 190.25

A person is guilty of Criminal Impersonation in the Second Degree when he:

(1) Impersonates another person. This impersonation must be accompanied by an intent to obtain a particular benefit or, in the alternative, to defraud another person. Although often charged as Theft of Services, pursuant to New York Penal Law 165.15, if one uses a metrocard, for example, of a student or senior citizen, the crime of NY PL 190.25 may be charged.

2. Again, with the intent to benefit or defraud another person, a person pretends to be a representative of a particular organization and acts in that capacity. The type and size of that organization does not matter.

3. (a) A person acts and pretends to be a public servant and, without authority, wears that particular uniform or shield, etc. of that public servant. In the alternative, that person, wrongfully expresses by action or words that he or she is the public servant or acting o their behalf; and (b) acts with intent to induce that person to submit to such pretended or false official authority for the purpose of obtaining funds or to cause the targeted person to act under the fraudulent authority or reliance on the fake public servant.

4. Impersonates another person online with the intent to defraud or obtain a benefit. In the alternative, that person pretends to be a public servant through electronic or online communication to induce that person to follow the authority of the fake public servant or to act in reliance on this pretense.

Criminal Impersonation in the Second Degree is a class A misdemeanor punishable by up to one year in jail.

Criminal Impersonation in the First Degree - New York Penal Law 190.26

A person is guilty of Criminal Impersonation in the First Degree when:

1. He or she acts similar to NY PL 190.25(3) except that the person pretends to be a police officer or a federal law enforcement officer or wears or displays without authority, any uniform, badge or other insignia; and

2. That person acts with the 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 licensed doctor, physician or other person authorized to issue a prescription, he or she communicates to a pharmacist an oral prescription which is required to be reduced to writing.

Criminal Impersonation in the First Degree is a class E felony punishable by up to four years in state prison.

For further information on the crimes of Criminal Impersonation, please read the second installment of this "primer." Not a direct transcription of the law, a reading of the actual statute and consultation with an experienced New York criminal defense lawyer is necessary to understand the nuances of the statutes as well as the potential criminal defenses that may be available to you.

Founded by former Manhattan prosecutors, Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region.

That secret video recorder you installed capturing someone undressing in a hotel bedroom, the changing room or in your tenant's apartment may land you in serious trouble. While you may think it is funny to show your friends images of a person you filmed while you were intimate without that person knowing, it will be far from humorous when you find yourself charged with either Unlawful Surveillance in the Second Degree pursuant to New York Penal Law section 250.45 or Unlawful Surveillance in the First Degree pursuant to New York Penal Law 250.50.

Although a serious offense, there may be numerous defenses to the crimes of Unlawful Surveillance pursuant to New York Penal Law sections 250.45 and 250.50. For example, did the subject of the surveillance or video consent to the recordings and is there any corroboration of that? Obviously, making such an argument where the installation is in a fitting room, bathroom or other "personal space" may be difficult. That being said, was the search of the location or computer used in the alleged crime conducted with probable cause and with a search warrant? Do you have standing to challenge that search? Whatever the facts, discuss the them with your New York criminal defense attorney to ascertain and implement the best defense you deem appropriate. Having briefly glossed over the severity of the crime and potential defenses, the follow are the definitions involving Unlawful Surveillance in New York:

A person is guilty of Unlawful Surveillance in the Second Degree when:

1. For his or her own, or another person's amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or

2. For his or her own, or another person's sexual arousal or sexual gratification, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person's knowledge or consent; or

3. (a) For no legitimate purpose, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a motel, hotel or inn, without such person's knowledge or consent.

(b) For the purposes of this subdivision, when a person uses or installs, or permits the utilization or installation of an imaging device in a bedroom, changing room, fitting room, restroom, toilet, bathroom, washroom, shower or any room assigned to guests or patrons in a hotel, motel or inn, there is a rebuttable presumption that such person did so for no legitimate purpose; or

4. Without the knowledge or consent of a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record, under the clothing being worn by such person, the sexual or other intimate parts of such person.

Unlawful Surveillance in the Second Degree is a class E felony punishable by up to four years in state prison.

If you have perpetrated this offense in the previous ten years and you are again charged with this crime, you may face the crime of Unlawful Surveillance in the First Degree, New York Penal Law section 250.50, a "D" felony, punishable by up to seven years in state prison.

Crotty Saland LLP is a criminal defense firm located in New York. Founded by two former Manhattan prosecutors, Crotty Saland LLP represents clients throughout the New York City region.

Regardless of the crime or crimes you are charged with in New York County (Manhattan), the arrest process or a desk appearance ticket (DAT) will ultimately land you along with your criminal defense attorney at 100 Centre Street...the nexus of all criminal prosecutions in Manhattan. 100 Centre Street is where you will be taken from a precinct or Central Booking for your arraignment before a Manhattan criminal court judge (on certain occasions a case is arraigned in the Midtown Community Court). If your criminal defense lawyer is unable to resolve your case at your arraignment, whether you are initially charged with a misdemeanor or a felony, 100 Centre Street is where you will return for the immediate future for court appearances.

Elizabeth Crotty and Jeremy Saland, the founding partners at Crotty Saland LLP, have walked the halls of 100 Centre Street and 1 Hogan Place (the District Attorney's Office that is attached to the courts) for nearly a combined 20 years as Assistant District Attorneys in Manhattan under Robert Morgenthau and as criminal defense attorneys in New York City. Our experience as prosecutors and criminal defense attorneys has given us a unique perspective having seen and worked in the criminal justice system from both sides. Although we can't share everything in a blog entry, here are some important things you need to know if you are arrested, issued a desk appearance ticket (DAT) or waiting for an arraignment in Manhattan's 100 Centre Street:

Continue reading "New York's 100 Centre Street: The Manhattan Criminal Court From Felony Arraignment & Misdemeanor Desk Appearance Tickets to Court Appearances & Your Criminal Defense" »

To those of us that know him or worked for him, Robert Morgenthau, a/k/a, the “Boss,” was and will continue to be the personification of justice and the pursuit of its principles. In his three and a half decade journey as the Manhattan District Attorney fighting crimes in the streets as well as the “suites” of Manhattan and beyond, Mr. Morgenthau did not bend to public pressure or perception, staying focused on his goal.

Whether a case grabbed the headlines and captivated the public or was only known to the single mother victimized by an abusive partner, Mr. Morgenthau sought to have each case, victim and witness treated with the highest level of professionalism, dignity and respect. Regardless of the media coverage, one thing rang true amongst all of his cases. To each victim, his or her case was the most important. Justice demanded that they be treated accordingly.

Certainly, we can't all agree on what we believe justice is or how to obtain it. Although criminal defense attorneys and prosecutors have adversarial roles in the criminal justice system, it is this training in the pursuit of justice that has further assisted me in representing and connecting with my clients regardless of the legal issue they face. The formal legal education I received at the Manhattan District Attorney's Office under Mr. Morgenthau went far beyond books and lectures. On the front line in the court rooms, the daily reinforcement of our ethical duties, and the constant training in the intricacies of criminal law, I am a better attorney for having served and learned under him. There is no doubt my clients have and will continue to benefit from all my experiences including my time as a prosecutor. The 1000s of attorneys who have revolved through the doors of 1 Hogan Place would likely agree that the "Boss" was invaluable to their practical and ethical development in the field of law as well.

While I cannot formally speak on behalf of all the prosecutors who served under Robert Morgenthau, I am confident we all wish him the best as he travels beyond the walls of 100 Centre Street and thank him for his leadership, dedication and pursuit to make New York a better place.