N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Bribery Involving Public Servants and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 200.25 (2026)

Receiving reward for official misconduct in the second degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 200.25 Receiving reward for official misconduct in the second degree.
  A public servant is guilty of receiving reward for official misconduct
in the second degree when he solicits, accepts or agrees to accept any
benefit from another person for having violated his duty as a public
servant.
  Receiving reward for official misconduct in the second degree is a
class E felony.
Notes of Decisions
Cited in 12 cases, 1985–2017 · leading case: People v. Garson, 848 N.E.2d 1264 (N.Y. 2006).
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People v. Garson, 848 N.E.2d 1264 (N.Y. 2006). · cites it 46× “We are asked to decide whether evidence presented to a grand jury that a judge accepted a benefit for violation of his duty as a public servant, as defined by the Rules of Judicial Conduct (22 NYCRR part 100), is legally sufficient to support six counts of receiving reward for…”
People v. Alvino, 519 N.E.2d 808 (N.Y. 1987). “The point is illustrated by comparing bribe receiving, which involves accepting a reward in exchange for performing an official act, with the lesser offense of receiving a reward for official misconduct (Penal Law § 200.25) which involves accepting a reward for past official…”
People v. Gordon, 72 A.D.3d 841 (N.Y. App. Div. 2d Dep't 2010). · cites it 2× “In People v Garson ( 6 NY3d 604 [2006]), the Court of Appeals held that a judge’s acceptance of a benefit for the violation of his duty as a public servant, as defined by the Rules of Judicial Conduct, could support a conviction of receiving reward for official misconduct in the…”
Resource N.E. of Long Island, Inc. v. Town of Babylon, 80 F. Supp. 2d 52 (E.D.N.Y. 2000). “A crime of Bribe Receiving in the Third Degree, a felony, occurs when a public servant “solicits, accepts, or agrees to accept a benefit from another person upon an agreement or understanding that his vote, opinion, judgement, action, decision, or exercise of discretion will…”
People v. Ohrenstein, 139 Misc. 2d 909 (N.Y. Sup. Ct. 1988). “, People v Blumenthal, 55 AD2d, supra, at 15; Penal Law §§ 200.25 [official misconduct], 200.”
People v. Lemma, 50 Misc. 3d 34 (N.Y. App. Term. 2015). “People v Garson, 6 NY3d 604 [2006] [discussing the “duty” element of receiving reward for official misconduct in the second degree (Penal Law § 200.25)]), and, thus, needed to be spelled out with specificity in the accusatory instrument.”
In re Giusti, 107 A.D.2d 503 (N.Y. App. Div. 1st Dep't 1985). “05, a class A misdemeanor), one count of receiving a reward for official misconduct in the second degree (Penal Law §§ 200.25, 20.00, a class E felony), and six counts of official misconduct (Penal Law § 195.”
State of New Jersey Vs. Carlia M. Brady (15-05-0240, Somerset Cnty. & Statewide) (Consol.)(record Impounded), 172 A.3d 550 (N.J. Super. Ct. App. Div. 2017). “] 36 A-0483-16T4 In Garson, the court reversed the dismissal of an indictment charging the defendant judge with violating New York Penal Law § 200.25, receiving a reward for official misconduct by violating his duty as a public servant, but affirmed dismissal of the indictment…”
People v. Garson, 17 A.D.3d 695 (N.Y. App. Div. 2d Dep't 2005). “3515/03, charging the defendant with receiving reward for official misconduct in the second degree. An indictment in which the defendant’s duty as a public servant, an essential element of the crime of receiving reward for official misconduct (Penal Law § 200.”
In re Garson, 47 A.D.3d 148 (N.Y. App. Div. 2d Dep't 2007). “10, a class D felony, and receiving a reward for official misconduct in the second degree, in violation of Penal Law § 200.25, a class E felony (two counts).”
Shales v. City of Rochester, 150 Misc. 2d 704 (N.Y. Sup. Ct. 1991). “The 1985 indictment accused the plaintiff of the crimes of receiving reward for official misconduct, second degree, a felony (Penal Law § 200.25) and official misconduct, a misdemeanor (Penal Law § 195.”
People v. Cunningham, 166 Misc. 2d 964 (N.Y. Sup. Ct. 1995). “10, at 69; Donnino, Practice Commentaries, McKinney’s Cons Laws of NY, Book 39, Penal Law § 200.25, at 45). The logical presumption they deduced was that everyone voluntarily occupying the vehicle knew that it was being used to transport the drugs.”
N.Y. Penal Law § 200.25(m): 1 case
Resource N.E. of Long Island, Inc. v. Town of Babylon, 80 F. Supp. 2d 52 (E.D.N.Y. 2000). “A crime of Bribe Receiving in the Third Degree, a felony, occurs when a public servant “solicits, accepts, or agrees to accept a benefit from another person upon an agreement or understanding that his vote, opinion, judgement, action, decision, or exercise of discretion will…”
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