Matter of Doe v. the County of Westchester

In Matter of Doe v. the County of Westchester, 45 A.D.2d 308, the petitioner had been adjudicated a Youthful Offender. He was sentenced to state prison. Petitioner then applied for an order modifying his sentence on the ground that he wished to join the Army. The sentencing court indicated that it would modify the sentence if petitioner were accepted by the Army. When petitioner learned that the Sheriff, upon inquiry from the Army, would disclose the petitioner's arrest and disposition records, he brought an Article 78 Proceeding. The Court referred to CPL 720.35 [2] and held that the plain language of the statute bars a police agency from making available to a public agency (which would include the Army) any official records and papers on file relating to the case of any person adjudicated a Youthful Offender.