Motion for Unsealing Records for Use In a Criminal Case

In Matter of Akieba Mc. (72 AD3d 689, 897 NYS2d 656 [2010]) the appellant received an adjournment in contemplation of dismissal and the records were sealed. The Nassau County District Attorney moved for unsealing pursuant to CPL 160.50 (1) (d) (ii). The prosecutor sought the sealed records for use in a criminal action then pending against two other individuals for charges arising out of the same incident which was the subject of the sealed case. The prosecutor indicated unsealing was necessary to obtain the appellant's prior statements from the sealed case in the event she testified at the trial of the pending matter on behalf of the two remaining individuals. Family Court granted unsealing. The Second Department reversed, finding the prosecutor's request did not fall within the "law enforcement agency exception".