New York Stop and Identify (CPL 140.50): You Can Demand It. Refusal Isn't a Crime.

New York gave officers the authority to demand a name more than half a century ago. It never made refusing a crime. And the false-name statute has a step built into it that most arrests leave out.

New York Stop and Identify (CPL 140.50)

You may demand name, address and an explanation under CPL 140.50 — but refusal carries no penalty. A false name is chargeable as false personation, PL § 190.23, a class B misdemeanor, only after you tell the person that giving false information is a crime.

CPL 140.50 — the demand, and its limits

A police officer may stop a person in a public place “when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand of him his name, address and an explanation of his conduct.”
Felonies and Penal Law misdemeanors only. Not violations, not Vehicle and Traffic Law infractions.
In a public place within the officer’s geographic area of employment.
No penalty for refusing. The section authorizes the demand; nothing punishes silence. People v. De Bour, 40 N.Y.2d 210 (1976), notes that a refusal to identify or explain one’s presence “has been rejected as a predicate for arrest.”
In New York City, identifying information of a person stopped and released without further action may not be recorded in a computerized database (CPL 140.50(4)).

The De Bour levels still decide whether you can ask

De Bour sets four levels: a request for information needs an objective, credible reason; the common-law right to inquire needs founded suspicion; a forcible stop needs reasonable suspicion; arrest needs probable cause.
People v. Hollman, 79 N.Y.2d 181 (1992): asking for identity, address or destination is a level-one request for information. Once questions become pointed enough that the person reasonably believes they are the focus of an investigation, you are at level two.
Hollman applies De Bour “as a matter of State common law” — New York regulates encounters the Fourth Amendment doesn’t even treat as seizures.

False personation — the warning is an element

PL § 190.23: a person is guilty “when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address” to a police or peace officer, with intent to prevent the officer from learning it.
Matter of Travis S., 96 N.Y.2d 818 (2001): the officer “must first inform the defendant that giving false pedigree information subjects a person to criminal liability.” No warning, no 190.23.
Class B misdemeanor. It covers name, date of birth or address.

Refusal is not obstructing governmental administration

PL § 195.05 requires intimidation, physical force or interference, or an independently unlawful act. Refusing a name is none of those, because refusing isn’t unlawful in New York.
Purely verbal interference does not satisfy the physical component (Matter of Davan L., 91 N.Y.2d 88 (1997)).
The closest case on point is a trial court: People v. Thomas, 51 Misc. 3d 341 (Crim. Ct. 2016), held that refusing ID for a summons was not OGA. We found no appellate decision squarely on it either way.

Drivers — a presumption, not an offense

VTL § 507(2) makes failure to exhibit a license presumptive evidence that the driver is not licensed. It is not itself an offense.
The duty to give license information and sign a name on request is in VTL § 401(4).
The charge that follows is usually unlicensed operation, VTL § 509(1): a traffic infraction, $75–$300 and/or up to 15 days.

The federal floor underneath it

Brown v. Texas, 443 U.S. 47 (1979) — with no reasonable suspicion for the stop, a person cannot be punished for refusing to identify. If the stop fails, the identification charge fails with it.
Hiibel v. Sixth Judicial District Court, 542 U.S. 177 (2004) — a state may require a name during a lawful Terry stop, but the duty has to come from state law, not the Fourth Amendment. Stating the name satisfies it — Hiibel does not reach documents — and the request must be reasonably related to the reason for the stop.

How it plays out on the street

You stop a man matching a burglary description two blocks from the scene. He won’t give a name. There’s no charge for that. Keep the investigation going on its own facts. If he gives you a name that comes back to nobody, stop and say it plainly on camera — “Giving a false name, date of birth or address to a police officer is a crime” — then ask again. If he repeats the false name after that, you have 190.23. If you didn’t give the warning, you don’t.

Frequently asked questions

Does New York have a stop and identify law?

New York’s CPL 140.50 lets an officer who reasonably suspects a felony or Penal Law misdemeanor demand a person’s name, address and an explanation of their conduct. But no New York statute makes refusing to answer a crime.

Is it a crime to give a false name to police in New York?

Yes, as false personation under Penal Law § 190.23, a class B misdemeanor — but only if the officer first informs the person that giving false name, date of birth or address information is a crime. The Court of Appeals held in Matter of Travis S. that the warning is required.

Do you have to show a driver's license to police in New York?

A driver must provide license information and sign their name on request under VTL § 401(4). Failing to exhibit a license under VTL § 507 is not itself an offense; it is presumptive evidence that the driver is unlicensed, which is charged under VTL § 509(1).

Carry the rule, not the guesswork. StreetSense breaks down New York law like this — the statute, the limit, and the charge that actually sticks — verified against the code and available fully offline on shift. Start the free trial.

StreetSense is an educational reference for law enforcement, not legal advice. State law changes, and your department policy may be stricter than the statute. Always follow your state’s current rule and your agency’s policy.

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New York Stop and Identify (CPL 140.50): You Can Demand It. Refusal Isn’t a Crime.