Legal Question in Criminal Law in New York

There is no limit in the statute as to how many ACDs one can get See CPL 170.55. However, some District Attorneys have an unwritten office policy against offering and ACD to one with prior ACDs. There is an issue as to how the assistant district attorney handling the case would even know about the prior ACD. Pursuant to CPL 160.50(3), an ACD is a favorable termination for the defendant. The file is therefore sealed pursuant to CPL 160.50(1). The prosecutor's office is required by law to seal the file and not make it available. See CPL 160.50(1)(c) which states in part: "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�prosecutor's office shall be sealed and not made available to any person or public or private agency."

The district attorney's office in westchester county maintains their own internal database of cases. This database has every westchester case and the outcome - including ACDs. I have had cases where the prosecutor would not offer or agree to an ACD because my client had a prior ACD in westchester county. the assistant only knew of the prior ACD by accessing the westchester DA's database. this means the westchester da is not sealing ACD files but instead is making the information available to the staff.

Feel free to contact me with any questions

John Campbell, Esq.

White Plains NY

914-837-1800

[email protected]

EZLawz . com

I've gotten clients ACDs in this situation. What county is your case in?