In re Doe

OPINION OF THE COURT

Harold Adler, J.

This court is confronted with an issue of apparent first impression. The defendant’s felony proceeding was terminated when he was found incapacitated due to a mental defect. Does this constitute a favorable termination warranting sealing of *383the record? For the reasons discussed below, this court concludes that it does not.

In motion papers dated January 25, 2002, the defendant moves for an order sealing the record of a criminal proceeding from the year 1969. He was arrested on October 12, 1969 and charged with the felony of Penal Law § 120.25 (reckless…