NEW YORK STATE PENAL LAW S 460.10
Definitions.
1. "Criminal act" means conduct constituting any of the following crimes, or conspiracy or attempt to commit any of the following felonies:
(a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relating to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to labor trafficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections 187.10,187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; any felony defined in article four hundred ninety-six; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; sections 265.14 and 265.16 relating to criminal sale of a firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
(b) Any felony set forth elsewhere in the laws of this state and defined by the tax law relating to alcoholic beverage, cigarette, gasoline and similar motor fuel taxes; article seventy-one of the environmental conservation law relating to water pollution, hazardous waste or substances hazardous or acutely hazardous to public health or safety of the environment; article twenty-three-A of the general business law relating to prohibited acts concerning stocks, bonds and other securities, article twenty-two of the general business law concerning monopolies.
http://ypdcrime.com/penal.law/article460.htm#p460.20
POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUPTION
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
NEW YORK STATE PENAL LAW S 460.20
Enterprise corruption.
1. A person is guilty of enterprise corruption when, having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he:
(a) intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity; or
(b) intentionally acquires or maintains any interest in or control of an enterprise by participating in a pattern of criminal activity; or
(c) participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.
2. For purposes of this section, a person participates in a pattern of criminal activity when, with intent to participate in or advance the affairs of the criminal enterprise, he engages in conduct constituting, or, is criminally liable for pursuant to section 20.00 of this chapter, at least three of the criminal acts included in the pattern, provided that:
(a) Two of his acts are felonies other than conspiracy;
(b) Two of his acts, one of which is a felony, occurred within five years of the commencement of the criminal action; and
(c) Each of his acts occurred within three years of a prior act.
3. For purposes of this section, the enterprise corrupted in violation of subdivision one of this section need not be the criminal enterprise by which the person is employed or with which he is associated, and may be a legitimate enterprise.
Enterprise corruption is a class B felony.
http://ypdcrime.com/penal.law/article460.htm#p460.20
Enterprise corruption.
1. A person is guilty of enterprise corruption when, having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he:
(a) intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity; or
(b) intentionally acquires or maintains any interest in or control of an enterprise by participating in a pattern of criminal activity; or
(c) participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.
2. For purposes of this section, a person participates in a pattern of criminal activity when, with intent to participate in or advance the affairs of the criminal enterprise, he engages in conduct constituting, or, is criminally liable for pursuant to section 20.00 of this chapter, at least three of the criminal acts included in the pattern, provided that:
(a) Two of his acts are felonies other than conspiracy;
(b) Two of his acts, one of which is a felony, occurred within five years of the commencement of the criminal action; and
(c) Each of his acts occurred within three years of a prior act.
3. For purposes of this section, the enterprise corrupted in violation of subdivision one of this section need not be the criminal enterprise by which the person is employed or with which he is associated, and may be a legitimate enterprise.
Enterprise corruption is a class B felony.
http://ypdcrime.com/penal.law/article460.htm#p460.20
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.00
Definitions of terms
The following definitions are applicable to this article:
1. Enterprise means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.
2. Business record means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
3. Written instrument means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
http://codes.findlaw.com/ny/penal-law/p ... 75-00.html
Definitions of terms
The following definitions are applicable to this article:
1. Enterprise means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.
2. Business record means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
3. Written instrument means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
http://codes.findlaw.com/ny/penal-law/p ... 75-00.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.05
Falsifying business records in the second degree
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A misdemeanor.
http://codes.findlaw.com/ny/penal-law/p ... 75-05.html
Falsifying business records in the second degree
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Falsifying business records in the second degree is a class A misdemeanor.
http://codes.findlaw.com/ny/penal-law/p ... 75-05.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.10
Falsifying business records in the first degree
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-10.html
Falsifying business records in the first degree
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-10.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.15
Falsifying business records; defense
In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
http://codes.findlaw.com/ny/penal-law/p ... 75-15.html
Falsifying business records; defense
In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
http://codes.findlaw.com/ny/penal-law/p ... 75-15.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 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.
http://codes.findlaw.com/ny/penal-law/p ... 75-20.html
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.
http://codes.findlaw.com/ny/penal-law/p ... 75-20.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.25
Tampering with public records in the first degree
A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, 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 first degree is a class D felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-25.html
Tampering with public records in the first degree
A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, 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 first degree is a class D felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-25.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.30
Offering a false instrument for filing in the second degree
A person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a false instrument for filing in the second degree is a class A misdemeanor.
http://codes.findlaw.com/ny/penal-law/p ... 75-30.html
Offering a false instrument for filing in the second degree
A person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
Offering a false instrument for filing in the second degree is a class A misdemeanor.
http://codes.findlaw.com/ny/penal-law/p ... 75-30.html
Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUP
New York Penal Law § 175.35
Offering a false instrument for filing in the first degree
A person is guilty of offering a false instrument for filing in the first degree when:
1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and
(b) such instrument is a financing statement the contents of which are prescribed by section 9-502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person.
Offering a false instrument for filing in the first degree is a class E felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-35.html
Offering a false instrument for filing in the first degree
A person is guilty of offering a false instrument for filing in the first degree when:
1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and
(b) such instrument is a financing statement the contents of which are prescribed by section 9-502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person.
Offering a false instrument for filing in the first degree is a class E felony.
http://codes.findlaw.com/ny/penal-law/p ... 75-35.html