People v. Esteves

Following a preliminary hearing defendant moves to dismiss the misdemeanor information under which he is charged with violation of section 215.10 of the Penal Law, tampering with a witness. That section provides as follows: "A person is guilty of tampering with a witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, (a) he wrongfully induces or attempts to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at, such action or proceeding”.

At the preliminary hearing one Richard Borrea, a…