People v. Botshon

— Judgment affirmed. Memorandum: Defendant entered a plea of guilty to the crime of attempted tampering with physical evidence in satisfaction of an indictment charging him with the crime of tampering with physical evidence. As a part of the plea agreement, the prosecutor consented to, and the court approved, a further agreement "that the defendant will have the right to appeal the question of whether the offense charged in the indictment constitutes the crime of tampering with physical evidence under the Penal Law Section 215.40.” It is defendant’s claim that the acts alleged in the…