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In re Rosa R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 1, 2009

IN RE ROSA R., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about August 26, 2008, which denied appellant's application to seal the record of her prior adjudication as a juvenile delinquent, unanimously affirmed, without costs. Appeal from order of disposition, same court (Alma Cordova, J.) entered on or about October 24, 2006, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she had committed an act which, if committed by an adult, would constitute the crime of assault, and imposed a conditional discharge, unanimously dismissed, without costs, as abandoned.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.

Presentment Agency

The court properly exercised its discretion in denying appellant's application made pursuant to Family Court Act § 375.2 to seal the records of her juvenile delinquency adjudication. Given the serious nature of the underlying assault, the interest of justice would not be served by sealing these records (see Matter of Carlton B., 268 AD2d 368 [2000]). Appellant's interests are adequately protected by the general confidentiality of Family Court records and the fact that juvenile delinquency adjudications do not entail civil disabilities (see Family Ct Act § 380.1). Sealing these records could potentially impede their use by law enforcement agencies for legitimate purposes in the event appellant engaged in further criminal activity.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091201

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