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PEOPLE v. M.E.

803 CA 14-00009

121 A.D.3d 157 (2014)

991 N.Y.S.2d 232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. M.E., Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided August 8, 2014.

Attorney(s) appearing for the Case

Higbee & Associates, Salt Lake City, Utah ( Rayminh L. Ngo of counsel), for defendant-appellant.

David W. Foley , District Attorney, Mayville ( Laurie M. Beckerink of counsel), for respondent.

SMITH, J.P., CENTRA, CARNI and VALENTINO, JJ., concur.

OPINION OF THE COURT

WHALEN, J.

The issue before us in this case of first impression at the appellate level is whether criminal records are eligible for conditional sealing under CPL 160.58 even if they relate to convictions that predate the statute. We conclude that they are eligible for conditional sealing.

I

In 1996, defendant pleaded guilty in County Court to criminal possession of a controlled substance in the fourth degree (Penal...

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