New York Consolidated Laws

N.Y. Penal Law § 175.20 (2026)

Tampering with public records in the second degree

✓ current as of May 2026

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§ 175.20 Tampering with public records in the second degree.
  A person is guilty of tampering with public records in the second
degree when, knowing that he does not have the authority of anyone
entitled to grant it, he knowingly removes, mutilates, destroys,
conceals, makes a false entry in or falsely alters any record or other
written instrument filed with, deposited in, or otherwise constituting a
record of a public office or public servant.
  Tampering with public records in the second degree is a Class A
misdemeanor.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1998–2022 · leading case: Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011).

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Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011). · cites it 2× “2d 625, 627-28 (2d Dep't 1987) (ruling that, although a new trial was required because of prosecutorial misconduct, the evidence was sufficient to convict the defendant police officers of tampering with police records in order to conceal the misfeasance of one of the officers,…”

Saunders v. Cnty. of Washington, 255 A.D.2d 788 (N.Y. App. Div. 1998). · cites it 2× “Plaintiff was arrested and charged with a felony count of computer trespass (Penal Law § 156.”

State v. Brantner, 758 A.2d 84 (Md. 2000). “alters any map, plat, or other paper signed and approved by a public official without permission, or who alters, defaces, mutilates or destroys with malicious intent any public record shall be guilty of a high misdemeanor;” N.Y. Penal Law § 175.20 (McKinney 2000): "A person is…”

In re Vasquez, 1 A.D.3d 16 (N.Y. App. Div. 2003). “00), and tampering with public records in the second degree (Penal Law § 175.20). Respondent subsequently pleaded guilty to the class A misdemeanor of official misconduct (Penal Law § 195.”

People v. Daba, 12 Misc. 3d 36 (N.Y. App. Term. 2006). “The accusatory instrument charging defendant with tampering with public records in the second degree (Penal Law § 175.20) is jurisdictionally defective since the factual part thereof does not contain allegations establishing each and every element of the offense charged (see CPL…”

Matter of Valandingham, 2022 NY Slip Op 04698 (N.Y. App. Div. 2022). · cites it 2× “" Footnote 3: To the extent that respondent contends that her conviction in New Jersey is more analogous to the New York class A misdemeanor of tampering with public records in the second degree (Penal Law § 175.20), we cannot agree given that the New York misdemeanor does not…”

People v. DeStefano (Andrew) (N.Y. App. Term. 2017). “On September 28, 2009, the People charged defendant with offering a false instrument for filing in the second degree (Penal Law § 175.20) and misconduct in relation to petitions (Election Law § 17-122).”

Matter of Groom, 2017 NY Slip Op 3175 (N.Y. App. Div. 2017). “Misdemeanor Conviction Unbeknownst to the Court, on April 10, 2013, the respondent pleaded guilty, in County Court, Suffolk County, to tampering with public records in the second degree, in violation of Penal Law § 175.20, a class A misdemeanor.”

People v. Toribio (Paola), 68 Misc. 3d 128(A) (N.Y. App. Term. 2020). “50 [3] [a] [iii]; [b]) charging defendant with a single count of tampering with public records in the second degree (Penal Law § 175.20), a class A misdemeanor.”

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