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Unpublished Opinion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.