NY · jury_instructions
CJI2d[NY] Penal Law § 190.80(4)
IDENTITY THEFT FIRST DEGREE (Previous Conviction)
This crime elevates the crime of Identity Theft in the Second Degree when the defendant has been convicted of certain enumerated crimes within the previous five years.
The aggravating element of a prior conviction must be charged in a special information. The defendant must be arraigned upon the special information in accordance with the procedures set forth in CPL §200.60(3).
If, upon such arraignment, the defendant admits the previous conviction, the court must not make any reference to it in the definition of the offense or in listing the elements of the offense. See People v Cooper, 78 N.Y.2d 476 (1991). Thus, if the defendant admits the aggravating element, the charge for this crime will be essentially identical to the charge for Identity Theft in the Second Degree. If the defendant denies the aggravating element or remains mute, the court should also add as an element of this crime:
“and, 5. That the defendant has been convicted of (specify crime) within the previous five [5] years.”
History
Caption: IDENTITY THEFT FIRST DEGREE (Previous Conviction) Penal Law § 190.80(4) (Committed on or after Nov. 1, 2002; or March 21, 2025, if the “personal identifying information” is Medical Information or Health Insurance Information). 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
857e8fedfb06b0432692b0395139bec1f2556a7a30ca0c8b538f520aac8dab64
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