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MTR OF KATHERINE B v. CATALDO

5 N.Y.3d 196 (2005)

833 N.E.2d 698

800 N.Y.S.2d 363

In the Matter of KATHERINE B. et al., Appellants, v. JOHN CATALDO et al., Respondents.

Court of Appeals of the State of New York.

Decided July 6, 2005.

Attorney(s) appearing for the Case

Law Offices of Stephen W. Edwards, Brooklyn (Stephen W. Edwards of counsel), for appellants.

Robert M. Morgenthau, District Attorney, New York City (Larry A. Glasser, Mark Dwyer and Sean J. Sullivan of counsel), for respondents.

Legal Aid Society, New York City (Steven Banks and Robert C. Newman of counsel), amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to decide whether CPL 160.50 (1) (d) (ii) authorizes a superior court to make sealed records available to a prosecutor for purposes of making sentencing recommendations. In light of the limitations placed by the Legislature on unsealing, we conclude that it does not.

I.

On March 26, 2003, the four petitioners participated in a political...

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