PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 10-00287
Indictment No: 2009-0150

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK GARCIA, DEFENDANT-APPELLANT.

Counsel for appellant having moved for disclosure of certain grand jury information with respect to the appeal taken from the judgment of the Monroe County Court, rendered December 16, 2009, and for other relief,

Now, upon reading and filing the affirmation of David R. Juergens, Esq. dated January 6, 2015 [sic], the notice of motion with proof of service thereof, the affidavit of Shawn Kerby, Esq. sworn to January 13, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the Monroe County District Attorney's Office is directed to produce for appellate counsel redacted documentation relating to the date, result and numerical tally of any votes by the grand jurors related to said indictment and the attendance of those jurors, such redactions being the replacement of the names and all other identifying information for said jurors with numeric designators, and

It is further ORDERED that the above-referenced redacted information shall be submitted to the Court by appellate counsel as a confidential exhibit, and

It is further ORDERED that respondent shall file confidentially with the Clerk of this Court the grand jury minutes with the respondent's brief, and

It is further ORDERED that the motion is otherwise denied.

Entered: February 29, 2016

Frances E. Cafarell, Clerk