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Appellate Term, First Department · September 22, 2026 · 2026 NY Slip Op 51523[U]

People v McCummings

Read the official decision: 2026 NY Slip Op 51523[U]

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Holding The court held that CPL 160.57’s prohibition on waiving the right to sealing does not apply to violations, such as second-degree harassment, because they are not crimes. Consequently, the defendant’s consent to a permanent waiver of sealing in his guilty plea was valid under CPL 160.55.

The court’s words

Inasmuch as second degree harassment, a violation, is neither a "crime" nor, obviously, the traffic infraction of driving while ability impaired, the prohibition on the waiver of sealing contained in CPL 160.57 (4) does not apply.

2026 NY Slip Op 51523[U], at the official text
CourtAppellate Term, First Department
DecidedSeptember 22, 2026
Citation2026 NY Slip Op 51523[U]
Area of lawCriminal Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 51523[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id230

Recommended citation

ESQ HQ, New York Law Watch, People v McCummings, 2026 NY Slip Op 51523[U] (Appellate Term, First Department, September 22, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51523-u/

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Published September 22, 2026. Updated September 22, 2026.