| People of State of New York v Djimmy Samson |
| Motion No: 2023-01010 NCR |
| Slip Opinion No: 2023 NY Slip Op 77384(U) |
| Decided on November 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 Djimmy Samson, Defendant. |
Application by the defendant pursuant to CPL 245.70 (6), to vacate or to modify a ruling of a Judge of the District Court of Nassau County, First District, as set forth in a protective order of that court dated September 18, 2023.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application by the defendant pursuant to CPL 245.70 (6) 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.
ENTER:
Jerry Garguilo
Presiding Justice