People v. Johnson

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, ev*866idence of an actual or prospective official proceeding was not necessary because such an official proceeding " 'could readily [have been] contemplated’ ” under the circumstances (People v DeRue, 179 AD2d 1027,1029). Additionally, there is no requirement that an official proceeding have commenced by the time of trial (see, Penal Law § 215.40).…