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People v. Nino

Supreme Court of New York, Third Department
Jul 11, 2023
2023 N.Y. Slip Op. 69987 (N.Y. App. Div. 2023)

Opinion

Motion No. CR-23-1123

07-11-2023

THE PEOPLE OF THE STATE OF NEW YORK v. NICHOLAS PAUL NINO,Defendant.


Unpublished Opinion

MOTION DECISION

DECISION AND ORDER ON MOTION

Hon. Andrew G. Ceresia, Associate Justice

Application by defendant, pursuant to CPL 245.70 (6), for expedited review of an order of the County Court of Tompkins County (Scott A. Miller, J.), dated June 20, 2023, which granted the People's application for a protective order.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that, upon expedited review pursuant to CPL 245.70 (6), the application to vacate or modify the protective order is granted to the extent that the order of the County Court of Tompkins County, dated June 20, 2023, is modified by (1) adding a provision thereto directing that the subject digital recordings and grand jury testimony may be exhibited to those employed by defense counsel or appointed to assist in the defense, and (2) deleting so much of paragraph (g) as directed that the original digital files of the subject recordings be destroyed or returned to the prosecution upon completion of the proceedings concerning the indictment, and substituting therefor a provision directing that the original digital files of the subject recordings be returned to the prosecution upon the exhaustion of the appellate process (see Clay v United States, 537 U.S. 522, 527 [2003]; Policano v Herbert, 7 N.Y.3d 588, 593 [2006]), and the application is otherwise denied.


Summaries of

People v. Nino

Supreme Court of New York, Third Department
Jul 11, 2023
2023 N.Y. Slip Op. 69987 (N.Y. App. Div. 2023)
Case details for

People v. Nino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK v. NICHOLAS PAUL NINO,Defendant.

Court:Supreme Court of New York, Third Department

Date published: Jul 11, 2023

Citations

2023 N.Y. Slip Op. 69987 (N.Y. App. Div. 2023)