You are here: / / UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT...
, ,

UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT CONVICTION AFFIRMED, DEFENDANT ATTEMPTED TO PURCHASE ITEMS USING A CREDIT CARD AND DRIVER’S LICENSE WITH A FICTITIOUS NAME (FIRST DEPT)

The First Department, upon remittitur from the Court of Appeals, determined defendant’s conviction for identity theft was not against the weight of the evidence. The defendant had tried to purchase items from a store using a credit card and driver’s license with a fictitious name. The First Department had reversed the conviction finding that, because the name was fictitious, defendant had not assumed the identity of another. The Court of Appeal held that using a fictitious name was prohibited by the identity theft statute:

On appeal, we modified to the extent of vacating the conviction for identity theft, and otherwise affirmed … . We reasoned that in order to establish the crime, a defendant had to both use the victim’s personal identifying information and assume the victim’s identity. We reasoned that while defendant had used the victim’s personal identifying information, he had not assumed her identity, but rather, that of a fictitious person.

The Court of Appeals reversed, reasoning that defendant had assumed the identity of the victim within the meaning of the statute. The Court rejected defendant’s argument that “the requirement that a defendant assumes the identity of another is not a separate element of the crime,” explaining that the statutory language “simply summarizes and introduces the three categories of conduct through which an identity may be assumed” … . People v Roberts, 2018 NY Slip Op 05220, First Dept 7-12-18

CRIMINAL LAW (UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT CONVICTION AFFIRMED, DEFENDANT ATTEMPTED TO PURCHASE ITEMS USING A CREDIT CARD AND DRIVER’S LICENSE WITH A FICTITIOUS NAME (FIRST DEPT))/EVIDENCE (CRIMINAL LAW, IDENTITY THEFT, UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT CONVICTION AFFIRMED, DEFENDANT ATTEMPTED TO PURCHASE ITEMS USING A CREDIT CARD AND DRIVER’S LICENSE WITH A FICTITIOUS NAME (FIRST DEPT))/APPEALS (CRIMINAL LAW, IDENTITY THEFT, UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT CONVICTION AFFIRMED, DEFENDANT ATTEMPTED TO PURCHASE ITEMS USING A CREDIT CARD AND DRIVER’S LICENSE WITH A FICTITIOUS NAME (FIRST DEPT))/IDENTITY THEFT  (CRIMINAL LAW, IDENTITY THEFT, UPON REMITTITUR FROM THE COURT OF APPEALS, DEFENDANT’S IDENTITY THEFT CONVICTION AFFIRMED, DEFENDANT ATTEMPTED TO PURCHASE ITEMS USING A CREDIT CARD AND DRIVER’S LICENSE WITH A FICTITIOUS NAME (FIRST DEPT))

You might also like
Condominium Unit Owner Has Common Law Right to Examine Books
ALTHOUGH PLAINTIFF’S HOSTILE WORK ENVIRONMENT ALLEGATIONS DID NOT STATE A CAUSE OF ACTION UNDER THE APPLICABLE NEW YORK STATE HUMAN RIGHTS LAW PROVISIONS, THE ALLEGATIONS DID STATE A CAUSE OF ACTION UNDER THE MORE PROTECTIVE NEW YORK CITY HUMAN RIGHTS LAW (CT APP).
If a Contractual Representation or Warranty is False When Made, a Claim for Breach of Contract Accrues Upon Execution
INSURER OF RESIDENTIAL MORTGAGE-BACKED SECURITIES NOT ENTITLED TO RECOVER ALL CLAIMS PAID OUT AS A RESULT OF 50% OF THE UNDERLYING MORTGAGES GOING INTO DEFAULT UNDER A FRAUD THEORY, ONLY A BREACH OF CONTRACT THEORY WAS AVAILABLE (FIRST DEPT).
Question of Fact About Whether Driving to or from Work Constitutes an Act Within the Scope of Employment
Question of Fact Whether Plaintiff’s Actions Were Sole Proximate Cause of His Injury
IN THIS LABOR LAW 240(1) ACTION, PLAINTIFF STEPPED ON A SMALL WOODEN “PATCH” COVERING A HOLE IN THE FLOOR AND HIS LEG WENT THROUGH THE HOLE; DEFENDANT’S ARGUMENT THE ACCIDENT WAS NOT FORESEEABLE WAS REJECTED; THE PRECISE NATURE OF THE ACCIDENT NEED NOT BE FORESEEN; IT IS ENOUGH PLAINTIFF WAS SUBJECTED TO AN ELEVATION-RELATION RISK AND NO SAFETY EQUIPMENT WAS PROVIDED (FIRST DEPT).
AFTER THE PEOPLE HAD EXERCISED THEIR PEREMPTORY CHALLENGES TO JURORS AND DEFENSE COUNSEL HAD BEGUN EXERCISING HER PEREMPTORY CHALLENGES, THE TRIAL COURT ALLOWED THE PEOPLE TO BELATEDLY MAKE A PEREMPTORY CHALLENGE, THAT WAS REVERSIBLE ERROR (FIRST DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

IMPROPER CROSS-EXAMINATION OF THE SOLE DEFENSE WITNESS DEPRIVED DEFENDANT OF... QUESTION OF FACT WHETHER GENERAL CONTRACTOR’S REMOVAL OF A TANK EXPOSING...