The following excerpt is from People v. Traynham, 407 N.Y.S.2d 408, 95 Misc.2d 145 (N.Y. City Ct. 1978):
Ironically Section 812 did have a "loophole" which was remedied by the new law. Section 812 made one who "destroys" evidence guilty; it did not prohibit concealment or alteration of evidence as does 215.40(2). The case of People v. De Felice, 282 App.Div. 514, 125 N.Y.S.2d 80 (4th Dept. 1953) reversed a conviction under Section 812 and dismissed the indictment because the defendant had Concealed evidence, a shotgun, but had not destroyed it; in fact the gun was found by police.
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