Appellate Division: Second Judicial Department

M311660

DF/

HECTOR D. LASALLE, P.J.

LINDA CHRISTOPHER

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2025-02193 The People, etc., respondent, v M. W., appellant. (Ind. No. 2927/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated February 4, 2025, issued pursuant to CPL 440.47. Motion by the appellant, in effect, to mark the appeal confidential. Motion by the respondent to dismiss the appeal on the ground that the order is neither appealable as of right nor by permission. Motion by the appellant for a preference in the determination of the motion by the respondent.

Upon the papers filed in support of the motion by the appellant, in effect, to mark the appeal confidential and the motion by the respondent and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the appellant for a preference in the determination of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent is denied (see CPL 440.47[3]; People v Nymeen C. [Anon.], __AD3d__, 2026 Slip Op. 00144); and it is further,

ORDERED that the motion by the appellant for a preference in the determination of the motion by the respondent is denied as academic; and it is further,

ORDERED that the motion by the appellant, in effect, to mark the appeal confidential is granted, and the original papers and briefs are marked confidential and may not be viewed by the public, but may be viewed by the parties to the proceeding, counsel appearing on their behalf, or representatives of counsel, authorized in writing to view the confidential material.

LASALLE, P.J., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court