The 911 call is admissible because it is not subject to the sealing law. Without a proper unsealing order from the Criminal Court, as outlined in CPL 160.50(d), the NYPD records are sealed and precluded from being offered at fact finding. was dismissed and sealed, therefore, the Court finds that the NYPD records are sealed pursuant to CPL 160.50. It is uncontroverted that the criminal case against Respondent J.R. In Matter of Harper, 89 NY2d 761, 766 (1997), the Court of Appeals noted that 'the sealing requirement was designed to lessen the adverse consequences of unsuccessful criminal prosecutions by limiting access to official records and papers in criminal proceedings which terminate in favor of the accused.' All NYPD records, including Domestic Incident Reports, DVO DV Home Visit, DV Closing, DV arrest, Arrest and Complaint Reports, ARAS UF61 Follow Up, Transfer Conferral, and the ICAD Log response, fall within the sealing statute. Upon receipt of notification of such termination and sealing: (c) all official records and papers, including judgments and orders of a court but not including published court decisions or opinions or records and briefs on appeal, relating to the arrest or prosecution, including all duplicates and copies thereof, on file with the division of criminal justice services, any court, police agency, or prosecutor's office shall be sealed and not made available to any person or public or private agency Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision three of this section, unless the district attorney upon motion with not less than five days notice to such person or his or her attorney demonstrates to the satisfaction of the court that the interests of justice require otherwise, or the court on its own motion with not less than five days notice to such person or his or her attorney determines that the interests of justice require otherwise and states the reasons for such determination on the record, the record of such action or proceeding shall be sealed and the clerk of the court wherein such criminal action or proceeding was terminated shall immediately notify the commissioner of the division of criminal justice services and the heads of all appropriate police departments and other law enforcement agencies that the action has been terminated in favor of the accused, and unless the court has directed otherwise, that the record of such action or proceeding shall be sealed. The Administration for Children's Services (hereinafter 'ACS') filed a response on December 17, 2019, arguing that the records should not be precluded under CPL 160.50 and that hearsay exceptions exist which allow for the admission of statements in both the NYPD records and ORT. argues that all inadmissible hearsay and irrelevant evidence in both the NYPD records and the Oral Report Transmittal (hereinafter 'ORT') should be excluded. In the alternative, if the records are admissible, Respondent J.R. filed a motion in limine, arguing that pursuant to Criminal Procedure Law (hereinafter 'CPL') 160.50, all New York Police Department (hereinafter 'NYPD') records, including the various Domestic Incident Reports, follow up reports and 911 tape, should be precluded, as the criminal case against Respondent J.R. On November 22, 2019, counsel for Respondent J.R. misuses alcoholic beverages to the extent that he loses control of his actions and is not voluntarily and regularly participating in a rehabilitative program. perpetrated domestic violence against the non-respondent mother in the presence of the subject child and that Respondent J.R. The petition alleges that Respondent J.R. The Administration for Children's Services filed a petition against Respondent Father J.R. The Bronx Defenders, Family Defense Practice Children Alleged to be Neglected by J.R., Respondent.ДЄttorney for Petitioner-Administration for Children's ServicesД«y: Wesley Brandt, J.D. This opinion is uncorrected and subject to revision before publication in the printed Official Reports.

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

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