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MATTER OF DOE

191 Misc.2d 382 (2002)

744 N.Y.S.2d 295

In the Matter of the Application of JOHN DOE for an Order Sealing His Criminal Record.

Criminal Court, Bronx County.

April 18, 2002.

Attorney(s) appearing for the Case

Roy J. Schwartz, New York City, for defendant.

Robert T. Johnson, District Attorney, Bronx (David Rong of counsel), for plaintiff.

OPINION OF THE COURT

HAROLD ADLER, J.

This court is confronted with an issue of apparent first impression. The defendant's felony proceeding was terminated when he was found incapacitated due to a mental defect. Does this constitute a favorable termination warranting sealing of the record? For the reasons discussed below, this court concludes that it does not.

In motion papers dated January 25, 2002,...

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