New York A07449 amends the penal law to create the crime of prosecutorial misconduct, imposing felony penalties on prosecutors who knowingly withhold.
New York A07449 amends the penal law by adding three new sections defining prosecutorial misconduct in the third, second, and first degrees. A prosecutor is guilty of prosecutorial misconduct in the third degree when they knowingly withhold information proving the innocence of a person charged with or convicted of a misdemeanor. This is a class E felony. In the second degree, a prosecutor is guilty when they knowingly withhold information proving the innocence of a person charged with or convicted of a class E, D, or C felony, which is a class B felony.
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