Hynes v. Karassik
| Citation | 63 A.D.2d 597,405 N.Y.S.2d 242 |
| Parties | Application of Charles J. HYNES, etc., Petitioner-Respondent, for an order unsealing the official and prosecution records of the case of People v. Irwin Karassik, v. Irwin KARASSIK, Respondent-Appellant. |
| Decision Date | 11 May 1978 |
| Court | New York Supreme Court Appellate Division |
F. J. Amoroso, New York City, for petitioner-respondent.
B. L. Gershman, White Plains, for respondent-appellant.
Before KUPFERMAN, J. P., and SILVERMAN, FEIN, SANDLER and SULLIVAN, JJ.
Order, Supreme Court, Bronx County, entered March 17, 1978, directing the unsealing of all official records and papers relating to the prosecution of People v. Karassik, reversed on the law, without costs and without disbursements, and the motion to unseal is denied.
Following a jury trial, the appellant Irwin Karassik was acquitted of a criminal charge brought against him. On appellant's motion, without opposition by the respondent the court entered an order addressed to various named agencies directing "that the provisions of Section 160.50 of the Criminal Procedure Law be complied with." So far as here pertinent, this order had the effect of requiring that "all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies thereof, on file with the division of criminal justice services, any court, police agency, or prosecutor's office be sealed and not made available to any person or public or private agency."
At the request of the Committee on Grievances of The Association of the Bar of the City of New York, reportedly engaged in an inquiry into the professional conduct of the appellant, an attorney, respondent moved pursuant to CPL § 160.50 1. to unseal the official records and papers for the purpose of making them available to that Committee. The motion was on notice, and resulted in the order appealed from that directed the unsealing of "all official records and papers relating to the arrest or prosecution of the case of the People v. Irwin Karassick . . . for the purpose of presenting them to the Committee on Grievances of The Association of the Bar of the City of New York."
Preliminarily, we are satisfied that the order appealed from is civil in character and appealable. Nor do we view the appeal as mooted by the circumstance that the papers and documents in question have been physically transferred to the Committee on Grievances. The issue presented is clearly of broad importance. People ex rel. Guggenheim v. Mucci, 32 N.Y.2d 307, 344 N.Y.S.2d 944, 298 N.E.2d 109. Moreover, we assume that the Committee on Grievances would, of course, comply with the implications of any ruling here made.
Turning to the substantive issues, we think it clear that Section 160.50 1. does not authorize the motion here made to unseal "in the interest of justice." The power vested in the District Attorney by that section to move in the interest of justice quite clearly contemplates a motion made prior to a sealing order under the section, not one made after such an order has been entered.
Nor do the facts presented invoke any of the narrowly limited circumstances under which records sealed may be made available to defined persons for stated purposes.
Accordingly, the order granting the motion to unseal was erroneously issued.
However, issues raised in the course of this appeal plainly require an additional comment. The words "all official records and papers" are not defined in 160.50 of the CPL nor in any other relevant controlling statutory section. The terms used are clearly open to a variety of interpretations. We need not here undertake a...
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... ... Hynes, Deputy Atty. Gen., and Sp. State Pros. by Jill K. Simon, Sp. Asst. Atty. Gen., Office of the Sp. Pros., New York City, for respondent ... DECISION ... Karassik, 63 A.D.2d 597, 405 N.Y.S.2d 242, aff'd, 47 N.Y.2d 659, 419 N.Y.S.2d 942, 393 N.E.2d 1015 and Matter of Anonymous, 95 A.D.2d 763, 464 N.Y.S.2d 194 ... ...
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