People v. Anonymous

• Decision Date: 20 September 2022
• Docket Number: XXXXX
• Citation: 76 Misc.3d 1022,174 N.Y.S.3d 820
• Parties: The PEOPLE of the State of New York v. ANONYMOUS, Defendant.
• Court: New York Criminal Court

76 Misc.3d 1022
174 N.Y.S.3d 820

The PEOPLE of the State of New York
v.
ANONYMOUS, Defendant.

XXXXX

Criminal Court, City of New York, Bronx County.

Decided on September 20, 2022

For the People: Darcel Clark, District Attorney of Bronx County (by ADA Amanda Vega)

For the Defense: The Bronx Defenders (by Nayantara Bhushan)

Wanda L. Licitra, J.

76 Misc.3d 1023

On September 16, 2022, this Court conducted a hearing pursuant to Crawford v. Ally , 197 A.D.3d 27, 150 N.Y.S.3d 712 [1st Dep't 2021]. At the hearing, the People proffered an NYPD Domestic Incident Report ("DIR") as evidence in support of their application for a full order of protection. This DIR described an alleged domestic incident from last year that resulted in the arrest of the same person accused here. However, the ensuing criminal case there had later been dismissed and sealed pursuant to C.P.L. § 160.50. From the bench, the Court orally ruled that it would not consider this DIR. This written decision further explains the Court's reasoning.

LEGAL ANALYSIS

In 1976, the Legislature enacted C.P.L. § 160.50 to " ‘eliminate the continued use of arrest and prosecution information by the courts" and others "upon the termination of criminal actions in favor of an accused individual.’ " ( R.C. v. City of New York , 64 Misc. 3d 368, 373-74, 100 N.Y.S.3d 824 [Sup. Ct., N.Y. County 2019] [quoting Governor's Bill Jacket, L 1976, ch 877 at 10]). As the Governor noted when approving the law, "consistent with the presumption of innocence, ... no individual should suffer adverse consequences merely on the basis of an accusation, unless the charges were ultimately sustained in a court of law." ( Id. [quoting Governor's Approval Mem. 1976 McKinney's Session Laws of NY, at 2451]). "This protection is all the more important today given the increased awareness of the over-representation of indigent people of color in the criminal justice system." ( Matter of Joshua F. , 73 Misc. 3d 209, 212, 153 N.Y.S.3d 394 [Fam. Ct., Kings County 2021] ).

"To effectuate this purpose, C.P.L. 160.50 employs language that is mandatory."

174 N.Y.S.3d 822

( Matter of Joseph M. , 82 N.Y.2d 128, 132, 603 N.Y.S.2d 804, 623 N.E.2d 1154 [1993] ). Relevant here, the statute

76 Misc.3d 1024

mandates that "all official records or papers relating to the arrest or prosecution" that are "on file with" a "prosecutor's office shall be sealed and not made available to any person or public or private agency." ( C.P.L. § 160.50 [emphasis added]). "Thus, when a...