People v Kelly, Tyrefe
Motion No: 2021-05686
Slip Opinion No: 2021 NY Slip Op 70135(U)
Decided on August 11, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M278661

MB/

DEBORAH A. DOWLING, J.

2021-05686

The People, etc., plaintiff,D

v Tyrefe Kelly, defendant.

(Ind. No. 71337/2021)

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, Kings County, as set forth in a protective order of that court dated August 2, 2021. Cross application by the People to seal the papers filed in support of and in opposition to the defendant's application.

Upon the papers filed in support of the application and the papers filed in opposition thereto, and upon the papers filed in support of the cross application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application by the defendant pursuant to CPL 245.70(6) is denied; and it is further,

ORDERED that the cross application by the People is granted and the papers filed in support of and in opposition to the defendant's application are deemed to be filed under seal, and shall continue to be sealed.

DEBORAH A. DOWLING

Associate Justice