People v. Burton

In People v. Burton, 189 AD2d 532 (3d Dept. 1993) the Third Department indicated that such a right was personal to the victim, holding it was "constrained to conclude that, as a result of the victim's death and the previous disclosure of her identity thereafter, Civil Rights Law 50-b cannot be invoked to justify nonaccess to the court files in the instant case." Id. at 534-35. According to People v. Burton, supra, "there is nothing in the statutory language of Civil Rights Law 50-b or its legislative history suggesting any legislative intent to create statutory rights beyond the personal right of a sex offense victim to confidentiality of his or her identity." The court stated that to broadly construct Civil Rights Law 50-b to result in a flat mandate of the denial of public access to court documents in all sex offense cases would raise serious constitutional questions under the First Amendment. (People v. Burton, supra at 535.)