People v. Hasan

OPINION OF THE COURT

Carol R. Edmead, J.

During the trial of the instant matter, at the conclusion of *302the People’s case, defendant Asher Hasan moved to dismiss the fifth count of the prosecutor’s information charging tampering with a witness in the fourth degree (Penal Law § 215.10 [a]). Preliminarily, the court denied the defendant’s motion. The court’s decision now follows.

Penal Law § 215.10 (a) provides, “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 * * * he wrongfully induces or attempts to…