§ 195.00 Official misconduct.\n A public servant is guilty of official misconduct when, with intent to\nobtain a benefit or deprive another person of a benefit:\n 1. He commits an act relating to his office but constituting an\nunauthorized exercise of his official functions, knowing that such act\nis unauthorized; or\n 2. He knowingly refrains from performing a duty which is imposed upon\nhim by law or is clearly inherent in the nature of his office.\n Official misconduct is a class A misdemeanor.\n
N.Y. Penal Law § 195.00
Official misconduct
Applied in 26 court decisions — leading case Bielby v. Middaugh (2014)
Most recently applied in People v. Mussen (February 2022)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.