People v. G.V., 2021-21321

• Court: New York County Court
• Writing for the Court: Conrad D. Singer, J.
• Parties: The People of the State of New York, v. G. V., Defendant.
• Docket Number: 2021-21321,D-0000-00
• Decision Date: 10 September 2021

The People of the State of New York,
v.
G. V., Defendant.

No. 2021-21321

Docket No. D-0000-00

County Court, Nassau County

September 10, 2021

Thomas Burrows, Esq.

Attorney for G.V.

Hon. Joyce Smith, Acting District Attorney

By: Michelle Sheehan Prior, Esq.

Conrad D. Singer, J.

The following papers were read on this Motion:

People's Motion for Unsealing of Records Pursuant to CPL § 725.15 1

Affirmation in Opposition to Order Unsealing Records Associated with the Arrest of G.V. 2

Affirmation in Reply to Opposition of Unsealing Records Associated with Arrest of G.V. 3

The People have filed a motion by Notice of Motion dated August 6, 2021, seeking an Order which, pursuant to Judiciary Law 2-b(3) and CPL § 725.15, unseals records associated with the arrest of G.V. and unseals any other records related to Mr. V.'s case that the People are compelled to disclose to satisfy their disclosure obligations in the matter of the pending criminal prosecution of Mr. V.'s adult co-defendant, T.T. Mr. V. through counsel, filed opposition to the People's motion, and the People filed reply papers in further support thereof.

The People's Motion for Unsealing is decided as follows:

It is undisputed that Mr. V. was initially the subject of a criminal prosecution in the Youth Part of the County Court of Nassau County, and that on April 5, 2021, his case was removed from the Youth Part to the New York State Family Court in Nassau County. (Affirmation in Opposition to Order Unsealing Records Associated with the Arrest of G.V., dated August 20, 2021 ["Burrows Aff. In Opp."], ¶¶ 4 and 5). The People argue that in order to fulfill their discovery obligations in the pending criminal prosecution of Mr. V. co-defendant, the Court must unseal the records associated with Mr. V.'s arrest and prosecution which are currently in the possession of the Nassau County District Attorney's Office. (Affirmation in Support of Motion For Unsealing Records, dated August 6, 2021 ["Sheehan Prior Aff. In Support of Unsealing"], p. 1).

The People have filed their motion pursuant to CPL § 725.15, which provides, in pertinent part, as follows:

"Except where specifically required or permitted by statute or upon specific authorization of the court that directed removal of an action to the family court all official records and papers of the action up to and including the order of removal, whether on file with the court, a police agency or the division

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