Opinion
02-16-2022
Matter of the Application of The District Attorney of Niagara County.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
The District Attorney of Niagara County having moved pursuant to Judiciary Law §89(2) for leave to dispose of certain records.
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is denied with leave to renew.
Memorandum: The District Attorney's application for disposal excludes, inter alia, "permanent records of murder cases." The Judiciary Law, however, excludes from any disposal order "permanent records of [all] criminal cases" (Judiciary Law § 89 [2]).