People v Daren Swift

Motion No: M-275

Slip Opinion No: 2020 NYSlipOp 62172(U)

Decided on January 27, 2020

Appellate Division, First 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.

January 27, 2020

The People of the State of New York,

v

Daren Swift,

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, Bronx County (George Villegas, J.), as set forth in an order of that court, dated January 9, 2020, which granted the People's motion for a protective order, and, upon review, to vacate the ruling,

Now, upon reading and filing the papers with respect to the application, it is

Ordered that the application is granted solely to the extent that defense counsel is permitted to give defendant a copy of the grand jury testimony and the victim's medical records. The other provisions of the protective order shall remain in effect. The court improvidently exercised its discretion in prohibiting defendant from receiving a copy of these materials. The People failed to establish good cause, based on the statutory factors in CPL 245.70(4), to withhold these materials from defendant. The People's policy arguments about the general importance of grand jury secrecy and medical record confidentiality cannot be reconciled in this case with the statutory mandate that these materials be disclosed to defendant (CPL 245.20[1][b] [grand jury testimony], [1][j] [medical records]). There is insufficient record support for the People's claim that permitting defendant to have a copy of these materials will endanger the safety of a witness, or pose a risk of witness intimidation, harassment or embarrassment. Under the protective order issued by the court, defendant is permitted to review the materials. The People have failed to show that any greater risk exists by his having a copy of them. With respect to the medical records, the People have not requested that any particular parts be redacted.

_________________________________

Hon. Rosalyn Richter Associate Justice

Dated: January 27, 2020

New York, New York

ENTERED:  January 27, 2020

BEFORE: Hon. Rosalyn Richter Associate Justice of the Appellate Division

M-275

Ind. No. 2373-2019

Case No. 2020-00417