Opinion
Motion No: M-1262
03-26-2020
The People of the State of New York, v. KENNES SHAW Defendant.
An application having been made by defendant, pursuant to CPL 245.70(6), for expedited review of a ruling of a Justice of the Supreme Court, New York County (Althea Drysdale, J.), as set forth in a protective order of that court, dated March 2, 2020, and, upon review, to vacate or modify the ruling, Now, upon reading and filing the papers with respect to the motion, it is Ordered that the application is denied. However, the matter is remanded to Supreme Court for further review of the defense proposal that with the prior consent of the complainant, the complainant be telephoned by the assistant district attorney in defense counsel's presence, and the complainant be asked questions which are agreed upon by the parties; it is further Ordered that the papers submitted in connection with the motion which were sealed by the motion court and/or disclose the matters in the papers which were sealed by the motion court shall continue to be sealed. The un-redacted affirmation and memorandum of law submitted by the People shall be sealed by the Clerk of the Court.
Dated: March 10, 2020 New York, New York __________Hon. Troy K. Webber Associate Justice
BEFORE:Hon. TROY K. WEBBER Associate Justice of the Appellate Division
M-1262
Ind. No. 0259/20
Case No. 2020-01752