2010 New York Code
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title K - OFFENSES INVOLVING FRAUD
Article 190 - (190.00 - 190.86) OTHER FRAUDS
190.78 - Identity theft in the third degree.

§ 190.78 Identity theft in the third degree.
    A  person  is  guilty of identity theft in the third degree when he or
  she knowingly and with intent to defraud assumes the identity of another
  person by presenting himself or herself as  that  other  person,  or  by
  acting as that other person or by using personal identifying information
  of that other person, and thereby:
    1.  obtains  goods,  money, property or services or uses credit in the
  name of such other person or causes financial loss to such person or  to
  another person or persons; or
    2. commits a class A misdemeanor or higher level crime.
    Identity theft in the third degree is a class A misdemeanor.