People v Carlos Phillips

Motion No: M-617

Slip Opinion No: 2020 NYSlipOp 63196(U)

Decided on February 20, 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 20, 2020

The People of the State of New York,

v

Carlos Phillips,

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 (Fabrizio, J.), as set forth in an oral decision on January 28, 2020 and corrected decision and order, dated February 5, 2020, which granted the People's motion for a protective order in part, and, upon review, to vacate or modify the ruling to the extent that it (1) prohibited defendant from learning the name of the complaining witness and from viewing any discovery that leaves the complaining witnesses's name unredacted, and (2) prohibited defendant from possessing a copy of the grand jury minutes of the complaining witnesses's testimony,

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

Ordered that the application is denied, and it is further Ordered that the papers submitted in connection with the motion are deemed to be filed under seal and shall continue to be sealed.

_________________________________

Hon. David Friedman Associate Justice

Dated:February 19, 2020

New York, New York

ENTERED: February 20, 2020

BEFORE:Hon. David Friedman Associate Justice of the Appellate Division

M-617

Ind. No. 1795/2019

Case No. 2020-00893