People v. Asaro, 94 N.Y.2d 792 (1999)

A person does not commit forgery when they sign their own name to an application, even if the application contains false information.

Summary

Vincent Asaro was convicted of forgery, criminal possession of a forged instrument, and offering a false instrument for filing for misrepresenting his date of birth on a driver’s license renewal application. The New York Court of Appeals modified the Appellate Division’s order, dismissing the forgery and criminal possession charges. The Court held that because Asaro signed his own name and provided his own Social Security number, he did not “falsely make” the application, a necessary element of forgery. Furthermore, the license itself was genuine, even with false information, as the DMV was authorized to issue it.

Facts

Asaro completed a driver’s license renewal application, misrepresenting his date of birth. He signed the application with his own name and provided his correct Social Security number. The Department of Motor Vehicles (DMV) was authorized to issue driver’s licenses.

Procedural History

Asaro was convicted in the Supreme Court of forgery in the second degree, criminal possession of a forged instrument in the second degree, and offering a false instrument for filing in the first degree. The Appellate Division affirmed this conviction. Asaro appealed to the New York Court of Appeals.

Issue(s)

1. Whether the act of signing one’s own name to an application containing false information constitutes forgery in the second degree under Penal Law § 170.10(2)?

2. Whether a driver’s license containing false information, but issued by the authorized Department of Motor Vehicles, constitutes a forged instrument for the purposes of criminal possession of a forged instrument in the second degree under Penal Law § 170.25?

Holding

1. No, because the defendant signed his own name and provided his own Social Security number; therefore, he did not “falsely make” the application as required for a forgery conviction.

2. No, because the Department of Motor Vehicles was authorized to issue the license, and the false information did not affect the genuineness of the document.

Court’s Reasoning

The Court of Appeals focused on the element of “falsely make” within the definition of forgery. The court referenced People v. Johnson, stating that signing one’s own name does not constitute falsely making an instrument, even if the content is false. The court reasoned that Asaro represented himself accurately and truthfully as Vincent Asaro and did not falsely claim to be another person. The court distinguished the act of providing false information from the act of creating a false instrument. The Court also cited People v. Cannarozzo, which held that a document issued by an authorized entity does not become a forged instrument simply because it contains false information. The genuineness of the document, stemming from the DMV’s authorization, was the key factor. The court emphasized that the DMV was authorized to issue Asaro the license. Even though that license contained false information (the incorrect birthdate), the false information did not transform the otherwise genuine document into a forgery. To hold otherwise would potentially criminalize a wide range of actions where individuals provide false information to authorized entities, which was not the intent of the forgery statutes. The Court stated that to be a forged instrument, the license would have to be made without authorization, not merely contain false information supplied by the licensee.