Supreme Court of the State of New York, Appellate Division : Second Judicial Department

May 6, 2026

2026-03490, 19/2026

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DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on application of this Court dated May 1, 2026, in the above-entitled case is recalled and vacated, and the following decision and order on application is substituted therefor:

Application by the defendant pursuant to CPL 245.70(6) to vacate or modify a ruling of a Justice of the County Court, Dutchess County, as set forth in a protective order of that court dated March 27, 2026, and a ruling of the same court dated April 3, 2026, which concerns the protective dated March 27, 2026.

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

ORDERED that the branch of the application pursuant to CPL 245.70(6) concerning the provision of the protective order directing that certain material be reviewed at a location to be determined by the People is denied without prejudice to defense counsel raising any issue with the County Court relating to the viewing of that material confidentially, and without distraction, at the location that is chosen; and it is further,

ORDERED that the application pursuant to CPL 245.70(6) is otherwise denied without prejudice to making a further application in the Supreme Court to modify the protective order, as set forth during the proceedings on April 3, 2026; and it is further,

ORDERED that the transcript of the proceedings which occurred on April 3, 2026, and the ex parte motion for a protective order dated March 19, 2026, which were 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.

DEBORAH A. DOWLING

Associate Justice