NY · jury_instructions
CJI2d[NY] Penal Law § 176.35
AGGRAVATED INSURANCE FRAUD
Note: The instant crime is defined as follows:
A person is guilty of aggravated insurance fraud in the fourth degree when he commits a fraudulent insurance act, and
has been previously convicted within the preceding five years of any offense, an essential element of which is the commission of a fraudulent insurance act.
With respect to the latter element (predicate conviction), the defendant must be arraigned upon a special information alleging same in accordance with the procedure set forth in CPL 200.60(3). See People v. Cooper, 78 NY2d 476 (1991).
If, upon such arraignment, the defendant admits the allegations of the special information, the court must not make any reference to that element in the definition of the instant crime or in listing its elements. Accordingly, the instruction for “stalking in the fourth degree” [Penal Law § 120.45], with the name of the crime changed to “stalking in the third degree,” applies.
If the defendant denies the allegations of the special information or remains mute, the instruction for “stalking in the fourth degree” [Penal Law § 120.45], with the name of the crime changed to “stalking in the third degree,” continues to apply except that the court must add the element (predicate crime against same victim or family member) to the definition of the crime, and to the list of elements to be proved; e.g.:
and (specify element #). That the defendant was previously convicted within the preceding five years of (specify)].
History
Caption: AGGRAVATED INSURANCE FRAUD PENAL LAW § 176.35 No Charge Prepared. Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
421bff8c2faaff76e940799c075d0c91eb334755c186c8c04e8de0fa20c1ef16
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