People v. Destine

In People v. Destine, 187 Misc.2d 702 (Dist Ct. Nassau Cty. 2001) after the co-defendant was acquitted in a separate trial, he granted access to his sealed case to a co-defendant who was to be tried separately, at which time the People moved to unseal those records on the basis that they were entitled to equal access. The Nassau County District Court held that if the defendant used those records to cross-examine the People's witnesses, he would be required to "turn over to the People the entire transcript of that witness' testimony." (Destine, id. at 703.) Additionally, that court also held that it was within the discretion of the trial judge as to whether to require the defense to turn over to the People any items contained in the sealed file which were put in issue by that witness' testimony." (Destine, id.)