Opinion
13373.
10-30-2014
In re ELVIN M., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Kristin M. Helmers of counsel), for presentment agency.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Kristin M. Helmers of counsel), for presentment agency.
TOM, J.P., SWEENY, ANDRIAS, MOSKOWITZ, GISCHE, JJ.
Opinion
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about November 21, 2013, which denied appellant's application to seal the record of his prior adjudication as a juvenile delinquent, unanimously affirmed, without costs.
The court properly exercised its discretion in denying appellant's Family Court Act § 375.2 sealing application. Given the seriousness of the underlying crimes, and appellant's participation in a gang assault while on probation, the interest of justice would not be served by sealing these records (see Matter of Rosa R., 68 A.D.3d 407, 889 N.Y.S.2d 570 [1st Dept.2009] ; Matter of Carlton B., 268 A.D.2d 368, 702 N.Y.S.2d 270 [1st Dept.2000] ). Appellant's interests are adequately protected by the automatic general confidentiality of Family Court proceedings (see Family Ct. Act §§ 166 ; 380.1), and the additional remedy of sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engages in further criminal activity.