James v. Donovan

Leventhal, J.,

concurs in the result, and votes to affirm the order insofar as appealed from, with the following memorandum: I agree with my colleagues in the majority that the order denying the petitions to unseal and release the subject grand jury minutes and evidence based on CPL 190.25 (4) should be affirmed insofar as appealed from. I write separately to express my view that the petitioner Letitia James, as Public Advocate for the City of New York (hereinafter the Public Advocate), did not lack capacity to commence and maintain her proceeding.

The Public Advocate, an elected official with…