The People of the State of New York, Respondent, v. Deviel McCummings, Defendant-Appellant. (2026)

Per Curiam.

Judgment of conviction (Kevin B. McGrath, Jr., J.), rendered December 14, 2022, affirmed.

Defendant pleaded guilty to second-degree harassment, a violation (see Penal Law § 240.26 [1]), pursuant to an agreement that required him to consent to a "permanent waiver of sealing." On appeal, defendant claims for the first time that the waiver violated Criminal Procedure Law (CPL) 160.57. This claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find it to be without merit. CPL 160.57 prohibits the waiver of sealing in any plea to the traffic infraction of driving while ability impaired (see Vehicle and Traffic Law § 1192 [1]) or "a crime defined in the laws of this state" (CPL 160.57 [1], [4]) i.e., a misdemeanor or felony (see Penal Law § 100.6). 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. Instead, sealing of a conviction for a violation is governed by CPL 160.55, which does not prohibit a waiver of sealing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 22, 2026