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Misconduct & Prohibited Acts

Which offense-classification pair is correct?

A

Forgery in the second degree — class D felony.

B

Issuing a false certificate — class D felony.

C

Official misconduct — class E felony.

D

Fraud in office under Executive Law §135-a — civil penalty only.

Correct Answer

A. Forgery in the second degree — class D felony.

AI Explanation

Criminal classifications are a favorite New York trap. Penal Law §170.10 makes forgery in the second degree a class D felony; Penal Law §175.40 makes issuing a false certificate a class E felony; and Penal Law §195.00 makes official misconduct a class A misdemeanor. Unlike those Penal Law offenses, Executive Law §135-a separately makes fraud in office a misdemeanor, not a mere civil matter.

Misconduct & Prohibited Acts Question #161
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