People v Geoffrey James

Motion No: M-562

Slip Opinion No: 2020 NYSlipOp 63014(U)

Decided on February 18, 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.

February 18, 2020

The People of the State of New York,

v

Geoffrey James,

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, New York County (Melissa Jackson, J.), as set forth in an order of that court, dated January 27, 2020, and, upon review, to vacate the ruling,

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

Ordered that the application is denied. The court providently exercised its discretion in holding an ex parte hearing pursuant to CPL 245.70(1) in view of the showing made by the People. Moreover, during that hearing, the People established good cause, based on the statutory factors set forth in CPL 245.70(4), to justify the protective order, and, in particular, demonstrated that disclosure of the materials would provide no benefit to defendant. Accordingly, the court, providently exercised its discretion in denying the defendant's application. It is further

Ordered that the papers submitted by the People under seal shall be sealed by the Clerk of this Court.

 _________________________________

Hon. Ellen Gesmer Associate Justice

Dated: February 11, 2020

New York, New York

ENTERED: February 18, 2020

BEFORE: Hon. Ellen Gesmer Justice of the Appellate Division

M-562

Ind. No. 3503/19

Case No 2020-845