Opinion
December 3, 1992
Appeal from the Supreme Court, New York County (Charles Solomon, J.).
Respondent is accused of purchasing six vials of crack cocaine. Though he was acquitted of criminal possession of a controlled substance after a jury trial, disciplinary charges based upon the same incident were brought by petitioner.
Petitioner made "a compelling demonstration, by affirmation, that without an unsealing of criminal records, the ends of protecting the public through investigation and possible discipline * * * cannot be accomplished." (Matter of Dondi, 63 N.Y.2d 331, 338.) A sufficient showing was made that documentary and physical evidence necessary to the disciplinary case against respondent was contained in the sealed file.
Concur — Sullivan, J.P., Milonas, Wallach, Ross and Asch, JJ.