Legal Opinion · Dissent

State Farm Fire & Casualty Co. v. Bongiorno

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1997Published

1Dissent

Goldstein, J. (dissenting).

At issue here is whether CPL 720.35 (2) precludes disclosure of facts relating to the appellant’s youthful offender adjudication.

As a result of an incident which occurred on February 12, 1992, the appellant was charged with assault in the third degree. The victim of the alleged assault also commenced a civil action to recover damages for personal injuries against, inter alia, the appellant. In June 1992 the appellant served State Farm Fire and Casualty Co. (hereinafter the plaintiff) with a copy of the summons and complaint in that civil action, and demanded that…

2Cases cited18 opinions

  1. People v. GreerNew York Court of Appeals · 1977
  2. People v. RahmingNew York Court of Appeals · 1970
  3. Capital Newspapers v. WhalenNew York Court of Appeals · 1987
  4. Encore College Bookstores, Inc. v. Auxiliary Service Corp.New York Court of Appeals · 1995
  5. District of Columbia v. CooperDistrict of Columbia Court of Appeals · 1984

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