| People v Bartley, Phillip |
| Motion No: 2020-08583 |
| Slip Opinion No: 2020 NY Slip Op 75387(U) |
| Decided on November 30, 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
M274339
E/afa
WILLIAM F. MASTRO, J.
|
2020-08583 The People, etc., plaintiff, D v Phillip Bartley, defendant. (Ind. No. 148/2020)
| ECISION & ORDER ON APPLICATION |
Application by the People pursuant to CPL 245.70(6) to vacate or modify an order of an Acting Justice of the Supreme Court, Kings County, dated November 13, 2020, which denied their motion to modify a protective order of the same court dated October 29, 2020.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is denied.
Based on the sparse record before me on this application, I find that the People failed to sustain their burden of demonstrating that the Supreme Court improvidently exercised its discretion in denying the motion for a modified protective order. I do not pass upon any other issue raised by the parties in this application.
WILLIAM F. MASTRO
Associate Justice