Appellate Division: Second Judicial Department

M288031

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2019-14635 The People, etc., respondent, v Anthony Burton, appellant. (Ind. No. 914/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered November 12, 2019. Motion by assigned counsel for the appellant for disclosure of the minutes of an ex parte hearing dated September 19, 2019, and the minutes of the grand jury proceedings, and for leave to serve the motion on the defendant. Cross motion by the respondent to limit the defendant's access to certain materials pursuant to a protective order of the County Court, Westchester County, dated September 6, 2019.

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

ORDERED that the motion by assigned counsel for the appellant is granted to the extent that the respondent shall disclose to assigned counsel for the appellant the minutes of the ex parte hearing dated September 19, 2019, and assigned counsel for the appellant shall abide by the terms of the protective order of the County Court, Westchester County, dated September 6, 2019, and the motion by assigned counsel for the appellant is otherwise denied; and it is further,

ORDERED that the motion by the respondent is denied as unnecessary.

DILLON, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court