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PEOPLE v. ANONYMOUS

No. 8.

34 N.Y.3d 631 (2020)

145 N.E.3d 924

123 N.Y.S.3d 41

2020 NY Slip Op 01113

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.

Court of Appeals of New York.

Decided February 18, 2020.

Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York City ( Katherine M.A. Pecore and Joseph M. Nursey of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Julia P. Cohen and Ross D. Mazer of counsel), for respondent.

Janet E. Sabel , The Legal Aid Society, New York City ( Robert C. Newman of counsel), for The Legal Aid Society, amicus curiae.

OPINION OF THE COURT

A court is without authority to consider for sentencing purposes erroneously unsealed official records of a prior criminal action or proceeding terminated in favor of the defendant. Where violation of the sealing mandate of CPL 160.50 impacts the ultimate...

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