Harper v. Angiolillo

OPINION OF THE COURT

Smith, J.

The primary issue on this appeal is whether a former defendant in a criminal proceeding which terminated in his favor may obtain automatic access to all files relating to his arrest and prosecution from the Westchester County District Attorney’s office pursuant to CPL 160.50 (1) (d) through a CPLR article 78 proceeding for mandamus. Petitioner seeks to use these files in a Federal civil proceeding. We affirm the judgment of the Appellate Division because petitioner has failed to demonstrate a clear legal right to the material in possession of the District…