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N.Y. Penal Law § 210.00

Perjury and related offenses; definitions of terms

Applied in 2 court decisions — leading case People v. Hadid (2014)

Most recently applied in People v. Talmadge (September 2020)

2014-09-22

§ 210.00 Perjury and related offenses; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Oath" includes an affirmation and every other mode authorized by\nlaw of attesting to the truth of that which is stated.\n 2. "Swear" means to state under oath.\n 3. "Testimony" means an oral statement made under oath in a proceeding\nbefore any court, body, agency, public servant or other person\nauthorized by law to conduct such proceeding and to administer the oath\nor cause it to be administered.\n 4. "Oath required by law." An affidavit, deposition or other\nsubscribed written instrument is one for which an "oath is required by\nlaw" when, absent an oath or swearing thereto, it does not or would not,\naccording to statute or appropriate regulatory provisions, have legal\nefficacy in a court of law or before any public or governmental body,\nagency or public servant to whom it is or might be submitted.\n 5. "Swear falsely." A person "swears falsely" when he intentionally\nmakes a false statement which he does not believe to be true (a) while\ngiving testimony, or (b) under oath in a subscribed written instrument.\nA false swearing in a subscribed written instrument shall not be deemed\ncomplete until the instrument is delivered by its subscriber, or by\nsomeone acting in his behalf, to another person with intent that it be\nuttered or published as true.\n 6. "Attesting officer" means any notary public or other person\nauthorized by law to administer oaths in connection with affidavits,\ndepositions and other subscribed written instruments, and to certify\nthat the subscriber of such an instrument has appeared before him and\nhas sworn to the truth of the contents thereof.\n 7. "Jurat" means a clause wherein an attesting officer certifies,\namong other matters, that the subscriber has appeared before him and\nsworn to the truth of the contents thereof.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.