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 § 200.35 (2026)

Receiving unlawful gratuities

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 200.35 Receiving unlawful gratuities.
  A public servant is guilty of receiving unlawful gratuities when he
solicits, accepts or agrees to accept any benefit for having engaged in
official conduct which he was required or authorized to perform, and for
which he was not entitled to any special or additional compensation.
  Receiving unlawful gratuities is a class A misdemeanor.
Notes of Decisions
Cited in 7 cases, 1987–2011 · 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 14× “00 [1]) [5] and one count of receiving unlawful gratuities (Penal Law § 200.35). [6] Indictment No. 5332/2003 charged defendant with one count of bribe receiving in the third degree (Penal Law § 200.”
United States v. Barbara Alkins, 925 F.2d 541 (2d Cir. 1991). “N.Y. Penal Law § 200.35 (McKinney 1988). She contends therefore that her RICO conviction cannot stand.”
In re Biaggi, 141 A.D.2d 1 (N.Y. App. Div. 1st Dep't 1988). · cites it 4× “The closest analogue to 18 USC § 201 (g) is found in Penal Law § 200.35, receiving unlawful gratuities, which reads: "A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct…”
De La Cruz v. City of New York, 783 F. Supp. 2d 622 (S.D.N.Y. 2011). “See N.Y. Penal Law § 200.35 (receiving unlawful gratuities).”
People v. Garson, 4 Misc. 3d 258 (N.Y. Sup. Ct. 2004). “jury reveals that the evidence was legally sufficient to support the count charging the defendant with the class A misdemeanor of receiving unlawful gratuities in that he allegedly accepted benefits from an attorney for having engaged in official conduct as a judge which he was…”
People v. Pignatello, 15 Misc. 3d 833 (N.Y. Sup. Ct. 2007). · cites it 2× “Defendant, Louis Pignatello, is charged in an information with receiving unlawful gratuities, a class A misdemeanor, in violation of Penal Law § 200.35. The factual portion of the information alleges that, on or about October 29, 2004, in Bronx *834 county, defendant, while an…”
People v. Funchus, 133 A.D.2d 843 (N.Y. App. Div. 2d Dep't 1987). “10), and of receiving unlawful gratuities (see, Penal Law § 200.35), did not preclude it from convicting him of official misconduct (see, *844 Penal Law § 195.”
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