People ex rel. Phoenix v. District Attorney

OPINION OF THE COURT

William J. Burke, J.

This is a petition brought by the defendant seeking relief *574under CPL 160.50, wherein it is requested that photographs and fingerprints be returned and official records relating to the arrest or prosecution of the petitioner be sealed.

The District Attorney opposes such application in that it is alleged that the relief provided in CPL 160.50 should not be accorded to individuals with existing felony convictions.

CPL 160.50 was enacted by the Legislature at the 1976 session (L 1976, ch 877, § 1). Section 160.50 provides basically that upon the termination…