My understanding is that there are ways under NY law to make this a felony. The lowest level possible, but still a felony.
Not that I don't think the entire thing is bogus and politically motivated, because it is. And one thing that confirms that is the timing. This case, the threatened case in Ga., etc. all could have been brought a year ago. They weren't either because they didn't have merit, or the Democrat DA's were timing it to interfere with his campaign as much as possible, which is absolutely reprehensible.