FOIL- AO-18335


Sent: Thursday, December 23, 2010 4:32 PM
Subject:    RE: Age to publish name in paper
Attachments:      F10878

If you have obtained the information legally (i.e., if it hasn't been stolen), you may do with it as you see fit. What you choose to do involves a matter of editorial judgement. Attached is an opinion prepared some time ago (also involving Oneida) that may be useful.

I note that the provision appearing in the opinion is slightly out of date. The records and proceedings pertaining to an "apparently eligible youth" remain open if the subject is charged with a felony.  If the youth is charged with a misdemeanor or violation, the records are sealed when the accusatory instrument is filed.  Even when the records are sealed, again, if you have acquired the information legally, you are free to print the name.  The difficulty is that you may never know the outcome or whether the charge has been sustained, pleaded down or dismissed.

If there are further questions, please feel free to contact me.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone:  (518)474-2518
Fax: (518)474-1927