| People of State of New York v Ryan Sherman |
| Motion No: 2023-00304 SCR |
| Slip Opinion No: 2023 NY Slip Op 75807(U) |
| Decided on October 20, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Ryan Sherman, Defendant. |
Application by the defendant, citing CPL 245.70 (6), to vacate or modify, in effect, so much of an order of the District Court of Suffolk County, First District, dated March 22, 2023, as denied the branches of defendant's omnibus motion seeking, upon allegations that the People did not disclose matters required by CPL 245.20, to, among other things, strike the certificate of conformity and statement of readiness as invalid.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application pursuant to CPL 245.70 (6) is denied.
This application is moot, as a judgment of conviction has been rendered. In any event, the relief sought is not available here. CPL 245.70 (6) permits a party who has unsuccessfully sought, or opposed the granting of, a protective order relating to the name, address, contact information, or statements of a person to obtain expedited review by an individual judge of the intermediate appellate court to which an appeal from a judgment of conviction would be taken. Here, no protective order was sought or granted.
ENTER:
Jerry Garguilo
Presiding Justice Appellate Term, 9th & 10th Judicial Districts