People v  Ricardo McDonald

Motion No: M-1131

Slip Opinion No: 2020 NYSlipOp 64433(U)

Decided on March 10, 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.

March 10, 2020

The People of the State of New York,

v

Ricardo McDonald,

Defendant.

An application having been made by the defendant, pursuant to CPL 245.70(6), for expedited review of a ruling of a Justice of the Supreme Court, Bronx County (Bahaati E. Pitt, J.), as set forth in an order of that court, dated February 26, 2020, filed under seal, and, upon review, to modify or vacate the ruling,

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

Ordered that the application is granted, on consent, to the extent of modifying the order as follows:

The People shall provide to defense counsel Jeffrey Bloom, within two business days, a copy of the transcript of the Grand Jury testimony from which the People may redact the contact information of the witnesses (the Redacted Grand Jury Minutes);

Defense counsel may permit the defendant to view the Redacted Grand Jury Minutes in the office of defense counsel and under the supervision of defense counsel or any attorney or successor attorney directly involved and/or participating in the representation of the defendant or persons employed by the attorney or appointed by the court to assist in the preparation of defendant's case (Defense Counsels);

Defense Counsels shall not provide to defendant the Redacted Grand Jury Minutes, or any portion thereof;

Defense Counsels shall not permit defendant to make a copy of the Redacted Grand Jury Minutes, or any portion thereof, by any means; and

Defense Counsels shall not utilize the Redacted Grand Jury Minutes for any purpose other than the preparation of the defense in the criminal action.

The motion court improvidently exercised its discretion to the extent it required the People to redact the testimony of each complaining witness from the Grand Jury minutes before turning them over to defense counsel. There is insufficient record evidence to support the court's finding that permitting defense counsel to have a copy of these materials, subject to the limitations set forth above, will endanger the safety of a witness or pose a risk of witness intimidation, harassment or embarrassment. 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: March 4, 2020

New York, New York

ENTERED: March 10, 2020

BEFORE: Hon. Ellen Gesmer Associate Justice of the Appellate Division

M-1131

Ind. No. 2632/18

Case No. 2020-1610