County Court, Nassau County, September 10, 2021

Joyce A. Smith, Acting District Attorney (Michelle Sheehan Prior of counsel), for plaintiff.

Thomas Burrows for defendant.

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 codefendant, 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 opp to order unsealing recs associated with the arrest of G.V., dated Aug. 20, 2021, ¶¶ 4, 5.) The People argue that in order to fulfill their discovery obligations in the pending criminal prosecution of Mr. V.'s codefendant, 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 mot for unsealing recs, dated Aug. 6, 2021, at 1.){**74 Misc 3d at 173}

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 of criminal justice services, are confidential and must not be made available to any person or public or private agency, provided however that availability of copies of any such records and papers on file with the family court shall be governed by provisions that apply to family court records."

The People argue that the court has "broad discretion" to unseal the records at issue in this case. Mr. V.'s counsel has cited to cases involving CPL 160.50, which governs the sealing of records upon termination of a criminal action in favor of the accused. The People have not cited to any legal authority for the People's proposition that this court is authorized to unseal the requested records.

Moreover, in Matter of Herald Co. v Mariani (67 NY2d 668, 670 [1986]), the Court of Appeals held that an application for release of sealed records brought pursuant to CPL 725.15 must be made to the Family Court, to be determined in accordance with standards applicable to juvenile delinquency proceedings in that court. (See also CPL 725.10 [2] [which provides, in pertinent part, that the filing of an order of removal in the criminal court terminates the criminal court action upon which the order is based and all further proceedings including motions shall be in accordance with family court laws].)

Accordingly, the court is constrained to deny the People's application, subject to their right to renew such application in the appropriate court.

The court further notes that the People's application might be rendered unnecessary if they were to present Mr. V.'s counsel with those records that they seek to have "unsealed" for the purposes of satisfying their disclosure obligations, giving Mr. V.'s counsel the opportunity to agree to such records being disclosed for the limited purpose of being used in the pending prosecution against Mr. V.'s codefendant.

Accordingly, it is hereby ordered that the People's motion for unsealing is denied as set forth above, subject to their right to{**74 Misc 3d at 174} refile such application in the appropriate court if it cannot be resolved between counsel; and it is further ordered that any other requested relief that is not addressed herein is deemed denied.