§ 215.40 Tampering with physical evidence.\n A person is guilty of tampering with physical evidence when:\n 1. With intent that it be used or introduced in an official proceeding\nor a prospective official proceeding, he (a) knowingly makes, devises or\nprepares false physical evidence, or (b) produces or offers such\nevidence at such a proceeding knowing it to be false; or\n 2. Believing that certain physical evidence is about to be produced or\nused in an official proceeding or a prospective official proceeding, and\nintending to prevent such production or use, he suppresses it by any act\nof concealment, alteration or destruction, or by employing force,\nintimidation or deception against any person.\n Tampering with physical evidence is a class E felony.\n
N.Y. Penal Law § 215.40
Tampering with physical evidence
Applied in 25 court decisions — leading case Flores v. Attorney General United States (2017)
Most recently applied in People v. Mero (November 2023)
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.