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New York Consolidated Laws

N.Y. Penal Law § 215.40 (2026)

Tampering with physical evidence

✓ current as of May 2026
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§ 215.40 Tampering with physical evidence.
  A person is guilty of tampering with physical evidence when:
  1. With intent that it be used or introduced in an official proceeding
or a prospective official proceeding, he (a) knowingly makes, devises or
prepares false physical evidence, or (b) produces or offers such
evidence at such a proceeding knowing it to be false; or
  2. Believing that certain physical evidence is about to be produced or
used in an official proceeding or a prospective official proceeding, and
intending to prevent such production or use, he suppresses it by any act
of concealment, alteration or destruction, or by employing force,
intimidation or deception against any person.
  Tampering with physical evidence is a class E felony.
Notes of Decisions
Cited in 123 cases (26 in the last 5 years), 1984–2026 · leading case: Patricia Flores v. Attorney Gen. United States, 856 F.3d 280 (3rd Cir. 2017).
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Patricia Flores v. Attorney Gen. United States, 856 F.3d 280 (3rd Cir. 2017). · cites it 4× “60 This New York statute reads: “Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or…”
People v. Hafeez, 792 N.E.2d 1060 (NY 2003). · cites it 2× “As it relates to the facts of this case, a *260 person is guilty of tampering when, believing that physical evidence is about to be used in a prospective official proceeding, he intentionally suppresses such evidence through an act of concealment ( see Penal Law § 215.40 [2]).…”
People v. Sanders, 2020 NY Slip Op 4203 (N.Y. App. Div. 2020). · cites it 2× “In addition to the testimony of Mabus and Shive, State Police investigator Scott Pauly testified that Shive had called him during the vehicle stop and told him about defendant's conduct. Pauly stated that his training and experience led him to believe that defendant's behavior…”
State of Tennessee v. Ledarren S. Hawkins, 406 S.W.3d 121 (Tenn. 2013). “(LexisNexis 2004); New York, N.Y. Penal Law § 215.40 (McKinney 2010); North Dakota, N.”
Coley v. Arnot Ogden Mem'l Hosp., 107 A.D.2d 67 (N.Y. App. Div. 1985). · cites it 3× “Plaintiff thereafter commenced this action alleging, inter alia, negligence, prima facie tort and a violation of Penal Law § 215.40 (tampering with physical evidence).”
People v. James, 717 N.E.2d 1052 (NY 1999). · cites it 2× “Gordon’s motive for requesting that the papers be released to the specific persons named was that they would be willing confederates in an obstruction of justice — the destruction of evidence of his official misconduct in disclosing the answers to the sergeant’s promotional exam…”
Denis v. Attorney Gen. of the United States, 633 F.3d 201 (3rd Cir. 2011). “” N.Y. Penal Law § 215.40 (2) (McKinney 2009).”
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “§ 30-22-5 (Michie 1978) ("fabricating”); N.Y.Penal Law § 215.40(l)(b) (McKinney Supp.”
Petronio v. Walsh, 736 F. Supp. 2d 640 (E.D.N.Y 2010). · cites it 2× “20 , and tampering with physical evidence, N.Y. Penal Law § 215.40 (2). The charges stemmed from the fatal beating of Jeffrey Walter (“Walter” or “the Decedent”) on November 3, 2000.”
People v. Young, 2021 NY Slip Op 00206 (N.Y. App. Div. 2021). “[b]elieving that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he [or she] suppresses it by any act of concealment, alteration or destruction, or by…”
In re Deutsch, 286 A.D.2d 91 (N.Y. App. Div. 2001). · cites it 3× “” *93 The Committee asserts that the criminal conduct underlying respondent’s witness tampering conviction ( 18 USC § 1512 [b]) is a basis for automatic disbarment since it is “essentially similar” to the New York offense of tampering with physical evidence (Penal Law § 215.40…”
Frayer v. People, 684 P.2d 927 (Colo. 1984). · cites it 3× “He was charged with tampering with physical evidence under N.Y. Penal Law § 215.40 (McKinney 1975), which provides: *929 Unlike the court in Traynham , the court in Nicholas emphasized the virtual certainty in the defendant’s mind that an official proceeding would be instituted…”
Show all 123 citing cases →
— N.Y. Penal Law § 215.40(1) — 1 case
Matter of Winchester, 2019 NY Slip Op 1217 (N.Y. App. Div. 2019).
— N.Y. Penal Law § 215.40(2) — 6 cases
United States v. Castellano, 610 F. Supp. 1151 (S.D.N.Y. 1985).
Matter of Sterling, 2022 NY Slip Op 03179 (N.Y. App. Div. 2022).
People v. Zachary, 2020 NY Slip Op 165 (N.Y. App. Div. 2020).
People v. Rose, 2021 NY Slip Op 00577 (N.Y. App. Div. 2021).
Matter of Servider, 2019 NY Slip Op 5408 (N.Y. App. Div. 2019).
— N.Y. Penal Law § 215.40(l)(b) — 1 case
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “§ 30-22-5 (Michie 1978) ("fabricating”); N.Y.Penal Law § 215.40(l)(b) (McKinney Supp.”
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