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PEOPLE v. JOHNSON

219 A.D.2d 865 (1995)

632 N.Y.S.2d 1003

The People of the State of New York, Respondent, v. Kerry W. Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 1995

Judgment unanimously affirmed.

Memorandum:

There is no merit to the contention of defendant that County Court erred in failing to dismiss the charge of tampering with physical evidence (see, Penal Law § 215.40 [2]). Contrary to defendant's contention, evidence of an actual or prospective official proceeding was not necessary because such an official proceeding "`could readily [have been] contemplated'" under...

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