People v Jean Mena

Motion No: M-526

Slip Opinion No: 2020 NYSlipOp 62173(U)

Decided on January 31, 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 31, 2020

The People of the State of New York,

v

Jean Mena,

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 (Jeanette Rodriguez-Morick, J.), as set forth in an order of that court, dated January 23, 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 and defendant may possess one copy of the grand jury testimony. On consent of defense counsel the defendant will not otherwise duplicate or disseminate, in whole or in part, the copy he is provided, which shall be watermarked. The other provisions of the protective order shall remain in effect. The court improvidently exercised its discretion to the extent it prohibited 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 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]. There is insufficient record support for the People's claim that permitting defendant to have a copy of these materials will increase any risk that the safety of a witness may be endangered, or pose an increased risk of witness intimidation, harassment or embarrassment, because the witness information in the grand jury minutes is otherwise fully known to defendant. The People have failed to show that any risk to witnesses is made greater by defendant having a copy of the grand jury minutes, and 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, and it is further

Ordered that the exhibit(s) submitted by the People under seal shall be sealed by the Clerk of the Court.

 _________________________________

Hon. Judith J. Gische Associate Justice

Dated: January 31, 2020

New York, New York

ENTERED: January 31, 2020

BEFORE: Hon. Judith J. Gische Associate Justice of the Appellate Division

M-526

Ind. No. 2607/2018

Case No. 2020-00812