People v Kennes Shaw

Motion No: M-1262

Slip Opinion No: 2020 NYSlipOp 65104(U)

Decided on March 26, 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 26, 2020

The People of the State of New York,

v

Kennes Shaw

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 (Althea Drysdale, J.), as set forth in a protective order of that court, dated March 2, 2020, and, upon review, to vacate or modify the ruling,

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

Ordered that the application is denied. However, the matter is remanded to Supreme Court for further review of the defense proposal that with the prior consent of the complainant, the complainant be telephoned by the assistant district attorney in defense counsel's presence, and the complainant be asked questions which are agreed upon by the parties; 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. The un-redacted affirmation and memorandum of law submitted by the People shall be sealed by the Clerk of the Court.

_________________________________

Hon. Troy K. Webber Associate Justice

Dated: March 10, 2020

New York, New York

BEFORE: Hon. Troy K. Webber Associate Justice of the Appellate Division

M-1262

Ind. No. 0259/20

Case No. 2020-01752