People v Merino

Holding CPL 420.45 applies to instruments containing false statements or information, not just forged signatures, allowing a court to declare a deed void ab initio following a conviction for offering a false instrument for filing. The statutory presumption that the instrument is void ab initio was not rebutted by the appellant’s evidence regarding the familial relationship or notarization.

The court’s words

the plain language of CPL 420.45 does not limit its application to deeds containing forged signatures

2026 NY Slip Op 05196, at the official text

Neither of the crimes specifically identified in CPL former 420.45(3) is limited to instruments containing forged signatures

2026 NY Slip Op 05196, at the official text

The question is not whether the signature on a deed was forged or was obtained by fraudulent means

2026 NY Slip Op 05196, at the official text

the appellant's speculative contentions regarding the familial relationship between the defendant and her mother were insufficient to rebut the statutory presumption

2026 NY Slip Op 05196, at the official text