Opinion
Motion No. 2021-01691
05-19-2021
The People of the State of New York, v. Leander Rosado, Defendant.
BEFORE: Hon. Dianne T. Renwick Justice of the Appellate Division Ind. No. 01761/2020
Case No. 2021-01739
ORDER
An application having been made by the People, pursuant to CPL 245.70(6), for expedited review of a ruling of a Justice of the Supreme Court, New York County (April A. Newbauer, J.), as set forth in a protective order dated May 10, 2021, and upon review to vacate or modify the order insofar as the court denied the People's request to delay disclosure of certain information and instead required the People to immediately disclose that information to the defense on an attorney's-eyes only basis,
Now, upon reading and filing the papers with respect to the application; it is
Ordered that the application is denied, 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.
Under the circumstances, I find that the People failed to sustain their burden of demonstrating that Supreme Court improvidently exercised its discretion by denying the People's request to delay disclosure of certain information and instead requiring the People to immediately disclose that information to the defense on an attorney's-eyes only basis. Dated: May 19, 2021
New York, New York
/s/_________
Hon. Dianne T. Renwick
Associate Justice Entered: May 27, 2021