Opinion
Motion No. 2023-01009 NCR
11-20-2023
The People of the State of New York, Plaintiff, v. Agustin Villalobos, Defendant
Unpublished Opinion
MOTION DECISION
DECISION & ORDER ON MOTION
JERRY GARGUILO, P.J.
Application by the defendant pursuant to CPL 245.70 (6), to vacate or to modify a ruling of a Judge of the District Court of Nassau County, First District, as set forth in a protective order of that court dated.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application by the defendant pursuant to CPL 245.70 (6) is dismissed; and it is further, ORDERED that the documents submitted under seal by the People in connection with this application pursuant to CPL 245.70 (6) are deemed to be filed under seal, and shall continue to be sealed.
As relevant here, CPL 245.70 (6) allows a party who has unsuccessfully opposed the granting of a protective order "relating to the name, address, contact information or statements of a person" to seek expedited review of that ruling by a Justice of the intermediate appellate court to which an appeal from a judgment of conviction in the case could be taken. Here, as the People correctly contend, the protective order that the defendant challenges does not relate to the name, address, contact information or statements of a person. Accordingly, the defendant's application pursuant to CPL 245.70 (6) is dismissed.