| People v Viera, Terell |
| Motion No: 2011-05283 |
| Slip Opinion No: 2013 NY Slip Op 84580(U) |
| Decided on September 9, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M161865
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2011-05283 The People, etc., respondent, v Terell Viera, appellant. (Ind. No. 12802/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered May 5, 2011, to unseal psychiatric records of a certain trial witness which were reviewed in camera by the trial court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the Clerk of this Court, or her designee, shall subpoena the subject psychiatric records from the Clerk of the Supreme Court, Kings County, for in camera review by the panel of Justices assigned to hear the appeal, and the subject psychiatric records shall remain sealed upon delivery, and the motion is otherwise denied.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court