Opinion
2022-60626 Motion 2022-00043
01-20-2022
The People of the State of New York, v. Joseph A. Hernandez, Defendant. Ind. No. 00691-2020 Case No. 2022-00049
Unpublished Opinion
MOTION DECISION
ORDER
Bahaati E. Pitt, Justice
Defendant, Joseph A. Hernandez, 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 (Albert Lorenzo, J.), as set forth in an order dated December 13, 2021, filed under seal, as supplemented by an order, same court and Justice, dated December 23, 2021, which granted the People's motion for a protective order, and, upon review, to vacate or modify the ruling, Now, upon reading and filing the papers with respect to the application; it is
Ordered that the application is denied. As an initial matter, I find that defendant's application for review pursuant to CPL 245.70(6) is timely. On the merits, the trial court providently exercised its discretion in holding an ex parte hearing pursuant to CPL 245.70(1) and in granting the protective order because the People established, among other things, good cause, based on the statutory factors set forth in CPL 245.70(4), for its issuance (see People v Olivo, 2021 NY Slip Op 61176[U] [1st Dept 2021]; People v Julio Pena, 2020 NY Slip Op 64434[U] [1st Dept 2020]; People v Griggs, 180 A.D.3d 853 [2d Dept 2020]), 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.