Opinion
2021-66747 Motion 2021-01691
05-19-2021
The People of the State of New York, v. Leander Rosado, Defendant. Ind. No. 01761/2020 No. 2021-01739
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Dianne T. Renwick Justice of the Appellate Division
ORDER
Hon. Dianne T. Renwick Associate Justice
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.