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
| Court | Appellate Term, First Department |
|---|---|
| Decided | September 22, 2026 |
| Citation | 2026 NY Slip Op 51523[U] |
| Area of law | Criminal Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51523[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 230 |
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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