INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE Penal Law § 215.17 (Committed on or after Nov. 1, 1985) The (specify) count is Intimidating a Victim or Witness in the First Degree. Under our law, a person is guilty of Intimidating a Victim or Witness in the First Degree when he or she Select appropriate alternative: Intentionally causes serious physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely. Intentionally causes serious physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer. and when the defendant does so, other than in the course of that criminal transaction or immediate flight 1 therefrom. 2 If "immediate flight" is in issue, see People v. Gladman, 41 NY2d 1 123 (1976). The statute opens with the than in the course of words: “other 2 that criminal transaction or immediate criminal flight.” Since “that” transaction refers to the criminal transaction about which the victim has information as recited in the remaining portions of the statute,
INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE Penal Law § 215.17 (Committed on or after Nov. 1, 1985) The (specify) count is Intimidating a Victim or Witness in the First Degree. Under our law, a person is guilty of Intimidating a Victim or Witness in the First Degree when he or she Select appropriate alternative: Intentionally causes serious physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely. Intentionally causes serious physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer. and when the defendant does so, other than in the course of that criminal transaction or immediate flight 1 therefrom. 2 1 If "immediate flight" is in issue, see People v. Gladman, 41 NY2d 123 (1976). 2 The statute opens with the words: “other than in the course of that criminal transaction or immediate flight.” Since “that” criminal transaction refers to the criminal transaction about which the victim has information as recited in the remaining portions of the statute,
215-17.docx