N.Y. Penal Law § 190.78

§ 190.78 Identity theft in the third degree.\n A person is guilty of identity theft in the third degree when he or\nshe knowingly and with intent to defraud assumes the identity of another\nperson by presenting himself or herself as that other person, or by\nacting as that other person or by using personal identifying information\nof that other person, and thereby:\n 1. obtains goods, money, property or services or uses credit in the\nname of such other person or causes financial loss to such person or to\nanother person or persons; or\n 2. commits a class A misdemeanor or higher level crime.\n Identity theft in the third degree is a class A misdemeanor.\n