People v. Papatonis

In People v. Papatonis, 243 A.D.2d 898 (3d Dept. 1997) the defendant not only completed an application for a job, but an application for a license as security guard as well, in which he also falsely stated that he had not been convicted of a criminal offense. Although the defendant did not himself file the application, the "evidence submitted to the Grand Jury demonstrated that the defendant knew that the application had to be filed with the State in order for him to obtain a license and that his prospective employer would file said application on his behalf." (243 A.D.2d at 899.) Accordingly, the Third Department held that "the actual filing of the application with the State was properly attributed to defendant," id., and upheld his conviction for Offering a False Instrument for Filing in the First Degree. In Papatonis, the employer who filed the license application with the State did not know that it contained a false statement, but the Court relied on Penal Law 20.05(1) in holding that "the mere fact that [the prospective employer] did not possess the necessary mens rea for the commission of the offense [was] no defense to defendant." (243 A.D.2d at 900.) In People v. Papatonis, a prospective employee's application for a job with a security company falsely stated that he had not been convicted of a felony. Although willing to "presume" that the company kept the application on file, (243 A.D.2d at 900), the Court cited People v. Bel Air Equip. Corp in concluding that the application was not a "business record" of the company because "the Grand Jury evidence failed to establish that the application was 'kept or maintained' for the purpose of evidencing or reflecting the condition or activity of [the company], as indeed it could not ...." (243 A.D.2d at 900-01.)