Opinion
Motion No. 2023-01876 Ind. No. 74923-2022 Case No. 2023-01986
05-01-2023
The People of the State of New York, v. Desmond Henry, Defendant.
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Manuel J. Mendez Justice of the Appellate Division
ORDER
Hon. Manuel J. Mendez Associate Justice
Desmond Henry having made an application, pursuant to CPL 245.70(6), for expedited review of a ruling of a Justice of the Supreme Court, Bronx County, as set forth in an order dated April 19, 2023, which granted the People's motion for a protective order solely on submission of papers, and, upon review, to vacate the ruling, Now, upon reading and filing the papers with respect to the application; it is
Ordered that the application is granted to the extent that the protective order dated April 19, 2023 is vacated, and the matter is remanded to Supreme Court, Bronx County for a hearing pursuant to CPL §245.70. The exchange of related discovery is stayed pending a determination after the hearing, and 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.