| People v Belfon, Latrell |
| Motion No: 2020-07330 |
| Slip Opinion No: 2020 NY Slip Op 72661(U) |
| Decided on October 7, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M273448
E/mb
ALAN D. SCHEINKMAN, P.J.
|
2020-07330 The People, etc., plaintiff,D v Latrell Belfon, defendant. (Ind. No. 1981/2019)
| ECISION & ORDER ON APPLICATION |
Application by the defendant pursuant to CPL 245.70(6) to vacate or modify a ruling of an Acting Justice of the Supreme Court, Nassau County, as set forth in a protective order of that court dated September 23, 2020.
Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon oral argument, it is
ORDERED that the application is denied; and it is further,
ORDERED that the documents submitted under seal by the People in connection with this application pursuant to CPL 245.70(6) are deemed to be filed under seal, and shall continue to be sealed.
At oral argument before me, the defendant made certain arguments about the procedure followed by the People and the Supreme Court in making and deciding the subject protective order application. Since these arguments were not made in the defendant's written submission to this Court, I decline to consider them.
As to the substance of the Supreme Court's ruling, it was a provident exercise of discretion (see People v Nash, 179 AD3d 982, 984; People v Beaton, 179 AD3d 871, 874).
ALAN D. SCHEINKMAN
Presiding Justice