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PEOPLE v. NICHOLAS

19 Misc.3d 322 (2008)

854 N.Y.S.2d 877

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MARIA P. NICHOLAS, Defendant.

City Court of Watertown.

February 11, 2008.

Attorney(s) appearing for the Case

Julie Hutchins, Public Defender, Watertown (Matthew Porter of counsel), for defendant.

Cindy Intschert, District Attorney, Watertown (Rodney Kyle of counsel), for plaintiff.

OPINION OF THE COURT

JAMES C. HARBERSON, Jr., J.

Issue

CPL 160.55 (1) provides for an automatic notification by the Court Clerk to various agencies that, based upon a conviction of a violation reduced from the original criminal charge, all records should be disposed of and sealed as provided by statute "unless the district attorney upon motion with not less than five days notice ... or the court on its own motion with not less than five days notice...

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