Opinion
2904.
Decided February 19, 2004.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 12, 2003, which denied the petition brought pursuant to CPLR article 78, seeking, inter alia, to require respondent District Attorney to expunge certain records relating to petitioner, and granted respondent's cross motion to dismiss the proceeding, unanimously affirmed, without costs.
Pro Se, for Petitioner-Appellant.
William K. Clark, for Respondent-Respondent.
Before: Mazzarelli, J.P., Williams, Friedman, Gonzalez, JJ.
To the extent that petitioner seeks ministerial corrections of alleged inaccuracies in his criminal record, the proper respondent would be the Division of Criminal Justice Services ( see Matter of Ortiz v. Supreme Court of New York County, 199 A.D.2d 160). To the extent that petitioner is seeking expungement of aspects of his criminal record based on allegations of prosecutorial improprieties, he has not established any entitlement to relief. With respect to the conviction that this Court reversed for legal insufficiency of the evidence ( People v. Olivo, 120 A.D.2d 466), defendant received the proper remedy when the indictment was dismissed and the record was sealed ( see CPL 160.50). With respect to the conviction that this Court affirmed ( People v. Rodriguez, 121 A.D.2d 928, lv denied 68 N.Y.2d 815), there is no basis for any relief. We have considered and rejected petitioner's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.