People v Julio Pena

Motion No: M-1134

Slip Opinion No: 2020 NYSlipOp 64434(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

Julio Pena,

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 (Guy Mitchell, J.), as set forth in an order of that court, dated February 25, 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 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. In particular, the People demonstrated that, to the extent that any witnesses whose identity is being protected and who cooperated did so upon the representation made by law enforcement, based on the law then in effect, that the witness' identity and testimony would remain confidential up until the point that this case went to hearings and/or trial. Moreover, the People demonstrated that disclosure of some of the materials would provide at most a negligible benefit to defendant.

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-1134

Ind. No. 707/2019

Case No. 2020-01619