Two Charged With Trying to Take Records From Court

, New York Law Journal

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A prominent neurosurgeon in a custody fight and an attorney who accompanied him to court were accused Thursday of trying to take psychological reports from a Manhattan courtroom at 60 Centre St. in defiance of a judge's order.

Dr. Eric Braverman and attorney Diana Mohyi were charged with tampering with public records in the second degree and second degree criminal contempt, both misdemeanors. Mohyi is the in-house attorney at Braverman's clinic. Braverman is representing himself in a custody dispute with his divorcing wife Darya over the couple's three boys.

On Jan. 24, Braverman went to the court to review forensic psychological reports about the boys. He was accompanied by Mohyi, 28. The custody case is before Justice Deborah Kaplan and, according to the complaint, the judge "instructed defendant Braverman that he was only permitted to review these reports inside of the courtroom" and could not remove or photocopy them. Court spokesman David Bookstaver said instructions to keep documents in the courtroom and not photocopy them were "standard practice."

But, the complaint continued, a senior court clerk said she left the courtroom for "approximately one minute," leaving Braverman and Mohyi alone. The complaint said that when the clerk returned, she saw Mohyi "placing the two forensic reports inside of her handbag." The clerk took back the documents, and Braverman and Mohyi were arrested on a subsequent court date in a courthouse hallway.

The pair were arraigned Thursday and released on their own recognizance. They are due back in court on March 12.

Leon Borstein of Borstein & Sheinbaum is representing Braverman and Moyhi. Borstein said the allegations "don't make out a crime." He added, "As it is, the claim doesn't make sense, it won't stand up."

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