interpretation of New York statutes

[recaptcha]

I know that questions seeking medical/legal advice are not to be posted but this question doesn’t involve me personally and I’m not asking about what to do.

NY Criminal Procedure Law 160.50(1)(d):

(d) such (sealed) records shall be made available to the person accused or to such person’s designated agent, and shall be made available to (i) a prosecutor in any proceeding in which the accused has moved for an order pursuant to section 170.56 or 210.46 of this chapter, or (ii) a law enforcement agency upon ex parte motion in any superior court, if such
agency demonstrates to the satisfaction of the court that justice requires that such records be made available to it, or (iii) any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license, or (iv) the New York state division of parole when the accused is on parole supervision as a result of conditional release or a parole release granted by the New York state board of parole, and the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision or (v) any prospective employer of a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of this chapter, in relation to an application for employment as a police officer or peace officer; provided, however, that every person who is an applicant for the position of police officer or peace officer shall be
furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto, or (vi) the probation department responsible for supervision of the accused when the arrest which is the subject of the inquiry is one which occurred while the accused was under such supervision;

Does signing a document containing any of these questions (not all on the same document) estahblish a designated agent relationship?

I, being duly sworn, say I have read the foregoing questions and have fully, truthfully, and accurately answered the same. The foregoing answers are true of my own knowledge, except if stated to be made upon information and belief, and as to such answers, I believe them to be true.

I, do hereby appoint the clerk of the Appellate Division of Judician Department as my agent upon whom process may be served with like effect as if served upon me personally…

I also authorize and request every person, firm, company, corporation, association, court, school, college, university, other
educational institution, government agency, law enforcement agency, and any other agency having control of any records, files, documents, writings, or other information pertaining to me to furnish to NCBE and Washington State Bar Association any such information regarding any and all charges, complaints, disciplinary actions, grievances, sanctions, suspensions,
reprimands, disqualifications, censures, resignations, terminations, citations, arrests, indictments, convictions, judgments, courts-martial, non-judicial punishments, or administrative discharges (including those dismissed or otherwise erased or expunged by law, whether formal or informal, pending or closed), or any other pertinent data or information pertaining to me.
I further authorize NCBE and Washington State Bar Association or any of their agents or representatives to inspect and make copies of such documents, records, or other information.

I hereby release, discharge, and exonerate NCBE, its agents and representatives, Washington State Bar Association, its agents and representatives, and any person so furnishing information from any and all liability of every nature and kind arising out of the furnishing or inspection

Question 2: Can an entity that’s not an exception to NY CPL 160.50(1)(d) obtain sealed records through official sources? For example, the NY Court of Appeals that licenses attorneys.

Question 3:

NY Human Rights Law 296.16:

It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, however, that the provisions hereof shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law.

The Court of Appeals responsible for licensing is an body responsible for licensing and is not exempt from this statute, correct?

[Mr.Excellent]

recaptcha, whether or not you plan on using our answers yourself - these questions are the very essence of legal advice. The interpretation and application of statutes are at the core of What Lawyers Do. The only reasonable answer anyone could give to your questions would be “it depends, based on what you’re trying to do, what the rest of these statutes say, and what the relevant caselaw says.”

It’d take a careful conversation with you, and careful research, to answer your questions. Talk to a lawyer licensed to practice in NY State.

Reported.

[samclem]

@recaptcha

I know that questions seeking medical/legal advice are not to be posted but this question doesn’t involve me personally and I’m not asking about what to do.

@Mr.Excellent

recaptcha, whether or not you plan on using our answers yourself - these questions are the very essence of legal advice. The interpretation and application of statutes are at the core of What Lawyers Do. The only reasonable answer anyone could give to your questions would be “it depends, based on what you’re trying to do, what the rest of these statutes say, and what the relevant caselaw says.”

It’d take a careful conversation with you, and careful research, to answer your questions. Talk to a lawyer licensed to practice in NY State.

Reported.

Good advice, and this one is closed.

samclem moderator