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New York Penal Law 210.45: Making a punishable false written statement

In the state of New York, penal code 210.45 deals with perjuring yourself under oath. Most people are familiar with perjury in the context of live courtroom testimony. While this is certainly a common type of perjury, people can also perjure themselves in writing. For example, people can be found guilty of making punishable false written statements if they provide false information to the police. In such a case, it isn’t inconceivable that the defendant might also face a charge of obstruction of justice. Importantly, the alleged liar doesn’t have to physically write the entire statement to face this type of perjury charge. On the contrary, signing a dictated criminal complaint can qualify as perjury under New York law. Although lying in a signed affidavit can violate 210.45, this charge is usually leveled against people who sign false criminal complaints. Along with the law against obstruction of justice, 210.45 is an important tool for ensuring that police are not hindered in their efforts to protect the public.

Examples

Sometimes, police officers are charged with violating 210.45. Examples include:

Case of Police Officer and Photographer:

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Todd Spodek
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Todd Spodek

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With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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