Witness Tampering In the Fourth Degree

In People v. Bugarsky (NYLJ, July 3, 2000, at 25, col 3 [Crim Ct, NY County]), the defendant moved to dismiss the charge of witness tampering in the fourth degree for facial insufficiency. The information alleged that the defendant approached the complainant in front of his place of business and stated, "Please drop the charges. I promise, if you drop the charges, I'll leave you alone." (Supra, at 25, col 4.) The defendant had been arrested for harassment of the complainant the previous day. The court denied the motion to dismiss, reasoning that "the defendant knew or should have known that the complainant would be a witness in a proceeding where the defendant was already arrested and arraigned." (Supra, at 25, col 4.)