Opinion
Motion No: M-1194
03-12-2020
The People of the State of New York, v. Cherif Diallo, Defendant.
An application having been made by the defendant, pursuant to CPL 245.70(6), for expedited review of a ruling of a Justice of the Supreme Court, New York County (Felicia Mennin, J.), as set forth in an order of that court, dated February 27, 2020, filed under seal, and, upon review, to modify or vacate the ruling, Now, upon reading and filing the papers with respect to the motion, it is
Ordered that the application is denied. The court providently exercised its discretion in holding an ex parte hearing pursuant to CPL 245.70(1) in view of the showing made by the People. Moreover, during that hearing, the People established good cause, based on the statutory factors set forth in CPL 245.70(4), to justify the protective order. In particular, the People demonstrated that, to the extent that any witnesses whose identity is being protected and who cooperated did so upon the representation made by law enforcement, based on the law then in effect, that the witness' identity and testimony would remain confidential up until the point that this case went to hearings and/or trial. Moreover, the People demonstrated that disclosure of some of the materials would provide at most a negligible benefit to defendant. It is further
Ordered that the papers submitted in connection with the application are deemed to be filed under seal and shall continue to be sealed.
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Hon. Dianne T. Renwick Associate Justice
Dated:March 10, 2020
New York, New York
ENTERED: March 12, 2020
BEFORE:Hon. Dianne T. Renwick Associate Justice of the Appellate Division
M-1194
Ind. No. 192/2020
Case No. 2020-1682