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In re Akieba Mc

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 689 (N.Y. App. Div. 2010)

Summary

In Akieba Mc., the prosecutor had sought to obtain the testimony or statement of the accused for use "in the event that she testifies in the trials against [two other individuals] and to prevent perjury" (Matter of Akieba Mc., 72 AD3d 689, 690).

Summary of this case from People v. Stephen C

Opinion

Nos. 2009-05838, 2009-06456, (Docket No. D-5537-07).

April 6, 2010.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeals are from (1) an order of the Family Court, Nassau County (Marks, J.), dated May 27, 2009, which granted the motion of the Nassau County District Attorney pursuant to CPL 160.50 (1) (d) (ii) to unseal the record of the proceeding, and (2) an order of the same court dated June 23, 2009, which, in effect, denied the appellant's motion for leave to reargue.

Before: Dillon, J.P., Balkin, Dickerson and Lott, JJ., concur.


Ordered that the appeal from the order dated June 23, 2009, is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order dated May 27, 2009, is reversed, on the law, without costs or disbursements, and the motion of the Nassau County District Attorney pursuant to CPL 160.50 (1) (d) (ii) to unseal the record of the proceeding is denied.

In this juvenile delinquency proceeding, the appellant was granted an adjournment in contemplation of dismissal, the proceeding was dismissed, and the record of the proceeding was sealed pursuant to CPL 160.50. The Nassau County District Attorney subsequently moved pursuant to CPL 160.50 (1) (d) (ii) to unseal the record of the proceeding, alleging that there were criminal matters pending against two other individuals arising out of the same incident as this proceeding, and that unsealing was necessary, inter alia, to obtain the testimony or statements of the appellant in the event that she testifies in the trials against the other individuals and to prevent perjury.

The appellant correctly contends that the Nassau County District Attorney's request does not fall under the "law enforcement agency" exception to the general proscription against releasing sealed records (CPL 160.50 [d] [ii]; see Matter of Katherine B. v Cataldo, 5 NY3d 196, 202-205). Accordingly, the Family Court should have denied the motion.


Summaries of

In re Akieba Mc

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 2010
72 A.D.3d 689 (N.Y. App. Div. 2010)

In Akieba Mc., the prosecutor had sought to obtain the testimony or statement of the accused for use "in the event that she testifies in the trials against [two other individuals] and to prevent perjury" (Matter of Akieba Mc., 72 AD3d 689, 690).

Summary of this case from People v. Stephen C
Case details for

In re Akieba Mc

Case Details

Full title:In the Matter of AKIEBA Mc., Appellant. NASSAU COUNTY DISTRICT ATTORNEY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 6, 2010

Citations

72 A.D.3d 689 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 2955
897 N.Y.S.2d 656

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