Appellate Division: Second Judicial Department

M274572

E/mb

MARK C. DILLON, J.

2020-09167 The People, etc., plaintiff, D v Jiuber Mejia Chicas, defendant. (Ind. No. 294/2020)

ECISION & ORDER ON APPLICATION

Application by the defendant pursuant to CPL 245.70(6) to vacate or modify a ruling of a Justice of the Supreme Court, Suffolk County, as set forth in a protective order of that court dated December 4, 2020.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is dismissed; 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.

As relevant here, CPL 245.70(6) allows a party who has unsuccessfully opposed the granting of a protective order "relating to the name, address, contact information or statements of a person" to seek expedited review of that ruling by a Justice of the intermediate appellate court to which an appeal from a judgment of conviction in the case could be taken. Here, as the People correctly contend, the protective order that the defendant challenges does not relate to the name, address, contact information or statements of a person. Accordingly, the defendant's application pursuant to CPL 245.70(6) is dismissed.

MARK C. DILLON

Associate Justice