Appellate Division: Second Judicial Department

M304327

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2019-04955 People of the State of New York, respondent, v Michael Allen, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated March 27, 2019. Motion by the appellant's assigned counsel for disclosure of the minutes of the grand jury proceedings in connection with Queens County indictment number 1394/1990. By order to show cause dated March 3, 2025, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated March 27, 2019, was superseded by an order of the same court dated June 10, 2019, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated March 27, 2019, is deemed to be a notice of appeal from the order dated June 10, 2019 (see CPLR 5512[a]); and it is further,

ORDERED that the motion by assigned counsel is granted to the extent that the respondent shall file the transcript of the grand jury proceedings in connection with Queens County indictment number 1394/1990, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and the transcript shall remain sealed upon delivery, and the motion by assigned counsel is otherwise denied.

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court