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PEOPLE v. SANCHEZ

8 Misc.3d 900 (2005)

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PEDRO SANCHEZ, Defendant.

Criminal Court of the City of New York, New York County.

June 29, 2005.

Attorney(s) appearing for the Case

Legal Aid Society of New York (Candace Kurtz of counsel), for defendant.

Robert M. Morgenthau, District Attorney (Kenn Kern of counsel), for plaintiff.

OPINION OF THE COURT

MELISSA C. JACKSON, J.

This case presents the novel issue of whether a judge may permissibly restore a case to the calendar sua sponte after he has ordered it "dismissed and sealed," in the absence of an unsealing order. We hold that pursuant to CPL 160.50 (3) (b), a 30-day window of time exists between the date that the file is ordered sealed and the effective date of the sealing. Accordingly...

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