People v. Blair

OPINION OF THE COURT

Kapnick, J.

On this appeal we are asked to determine an issue of first impression in this Court: Do the People constitute a “law enforcement agency” within the meaning of CPL 160.55 (1) (d) (ii) when they act in their capacity as an agency authorized, pursuant to RPAPL 715 (1), to demand that an eviction proceeding be commenced against a defendant so that the defendant’s records can be unsealed and used by the landlord in the eviction proceeding? We conclude that they do not.

In November 2013, defendant was arrested and charged with two drug-related misdemeanors and an…