Citation Numbers: 193 Misc. 2d 500, 750 NYS2d 737
Judges: Rooney
Filed Date: 10/10/2002
Status: Precedential
Modified Date: 2/5/2022
OPINION OF THE COURT
On May 23, 2000, defendant pleaded guilty to one count of criminal possession of stolen property in the third degree in full satisfaction of Indictment No. 84 of 1999. The defendant moves to seal, pursuant to CPL 160.50, charges that were dismissed from the indictment prior to entry of his guilty plea.
CPL 160.50, entitled “Order upon termination of criminal action in favor of the accused,” creates a statutory right for an accused person to have records sealed when a criminal action or proceeding is terminated in favor of the accused. In a discussion of the legislative objective underlying the enactment of CPL 160.50, the Court in People v Patterson (78 NY2d 711, 716
The defendant also moves for an order directing the Division of Criminal Justice Services to correct defendant’s criminal history by removing all references to burglary in the first degree under Indictment Nos. 84 and 271 of 1999. The People concede that references to burglary in the first degree were caused by a typographical error in Indictment No. 271 of 1999 and join in defendant’s motion. Inasmuch as the Division of Criminal Justice Services has already corrected defendant’s criminal history and the indictment was amended on the record to reflect the accurate charge, the issue is moot and no court order is necessary.