N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Safety / ARTICLE Offenses Relating to Unauthorized Recording
New York Consolidated Laws

N.Y. Penal Law § 275.35 (2026)

Failure to disclose the origin of a recording in the second degree

✓ current as of May 2026
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§ 275.35 Failure to disclose the origin of a recording in the second
           degree.
  A person is guilty of failure to disclose the origin of a recording in
the second degree when, for commercial advantage or private financial
gain, he knowingly advertises or offers for sale, resale, or rental, or
sells, resells, or rents, or possesses for such purposes, a recording
the cover, box, jacket or label does not clearly and conspicuously
disclose the actual name and address of the manufacturer or the name of
the performer or principal artist.  The omission of the actual name and
address of the manufacturer, or the omission of the name of the
performer or principal artist, or the omission of both, shall constitute
the failure to disclose the origin of a recording.
  Failure to disclose the origin of a recording in the second degree is
a class A misdemeanor.
Notes of Decisions
Cited in 14 cases, 1992–2019 · leading case: People v. Colon, 46 A.D.3d 260 (N.Y. App. Div. 2007).
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People v. Colon, 46 A.D.3d 260 (N.Y. App. Div. 2007). · cites it 3× “Penal Law § 275.35 states, “The omission of the actual name and address of the manufacturer, or the omission of the name of the performer or principal artist, or the omission of both, shall constitute the failure to disclose the origin of a recording” (emphasis added).”
The People v. Joseph Conceicao / The People v. Federico Perez / The People v. Javier Sanchez, 44 N.E.3d 199 (N.Y. 2015). “People v Perez Defendant Federico Perez was initially charged with failure to disclose the origin of a recording (Penal Law § 275.35), criminal possession of marijuana in the fifth degree (Penal Law § 221.”
People v. Colon, 8 Misc. 3d 569 (N.Y. Sup. Ct. 2005). · cites it 14× “Following a trial by jury, she was convicted on January 19, 2005 of the lesser included crime of failure to disclose the origin of a recording in the second degree, a class A misdemeanor, under Penal Law § 275.35, which lesser included crime was charged at Colon’s request.”
People v. Borriello, 155 Misc. 2d 261 (N.Y. Sup. Ct. 1992). · cites it 6× “Penal Law § 275.35, failure to disclose the origin of a recording in the second degree, and section 170.”
People v. Cisse, 171 Misc. 2d 185 (N.Y. City Crim. Ct. 1996). · cites it 4× “71), failure to disclose the origin of a recording in the second degree (Penal Law § 275.35), and criminal possession of a forged instrument in the third degree (Penal Law § 170.”
People v. Rivera, 45 Misc. 3d 386 (N.Y. City Crim. Ct. 2014). · cites it 3× “Defendant, charged with failure to disclose the origin of a recording in the second degree, in violation of Penal Law § 275.35 (count one), trademark counterfeiting in the third degree, in violation of Penal Law § 165.”
McLaughlin v. Commonwealth, 629 S.E.2d 724 (Va. Ct. App. 2006). · cites it 2× “§ 2C:21-21 (2005); NY Penal Law § 275.35 (Consol.2005); N.C.”
State v. Awawdeh, 864 P.2d 965 (Wash. Ct. App. 1994). “2d at 996 (quoting N.Y. Penal Law § 275.35 (McKinney Cum. Supp.”
People v. Santiago, 9 Misc. 3d 197 (N.Y. City Crim. Ct. 2005). · cites it 2× “The Superseding Information By a superseding information (SSI), served and filed on May 10, 2005, the defendant Rene Santiago is charged with failure to disclose the origin of a recording in the second degree (Penal Law § 275.35), unlicensed general vending (Administrative Code…”
People v. Kane, 14 Misc. 3d 283 (N.Y. City Crim. Ct. 2006). · cites it 4× “The defendant stands before this court charged with failure to disclose the origin of a recording in the second degree (Penal Law § 275.35). He seeks dismissal of the charge, arguing that the facts alleged in the complaint are facially insufficient.”
People v. Guaman, 51 Misc. 3d 792 (N.Y. City Crim. Ct. 2016). · cites it 3× “2008NY034833 The information charges defendant with violating Penal Law § 275.35, failure to disclose the origin of a recording in the second degree; Penal Law § 190.”
People v. Baride (Diayson) (N.Y. App. Term. 2019). “20), and failure to disclose the origin of a recording in the second degree (Penal Law § 275.35). In accordance with the terms of the plea agreement, defendant was sentenced to a conditional discharge and to pay a fine of $1,000 for the conviction of trademark counterfeiting in…”
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