Legal Opinion
The People v. Anonymous
New York Court of Appeals
Decided February 18, 2020No. 8Published
1Opinion of the Court
State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 8 The People &c., Respondent, v. Anonymous, Appellant. Katherine M. A. Pecore, for appellant. Julia P. Cohen, for respondent. The Legal Aid Society, amicus curiae. RIVERA, J.: A court is without authority to consider for sentencing purposes erroneously unsealed official records of a prior criminal action or proceeding terminated in favor of the defendant. Where violation of the sealing mandate of CPL 160.50 impacts the ultimate -1- -2- No. 8 sentence,…
2Cases cited30 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Brown v. IllinoisSupreme Court of the United States · 1975
- United States v. WattsSupreme Court of the United States · 1997
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
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