N.Y. Penal Law § 195.00: Official misconduct

§ 195.00 Official misconduct.

A public servant is guilty of official misconduct when, with intent to

obtain a benefit or deprive another person of a benefit:

1. He commits an act relating to his office but constituting an

unauthorized exercise of his official functions, knowing that such act

is unauthorized; or

2. He knowingly refrains from performing a duty which is imposed upon

him by law or is clearly inherent in the nature of his office.

Official misconduct is a class A misdemeanor.