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New York Criminal Procedure - Article 240 - § 240.20 Discovery; Upon Demand of Defendant

Legal Research Home > New York Laws > Criminal Procedure > New York Criminal Procedure - Article 240 - § 240.20 Discovery; Upon Demand of Defendant


Criminal Procedure 
 
  § 240.20  Discovery; upon demand of defendant.
    1.  Except  to  the  extent protected by court order, upon a demand to
  produce by a  defendant  against  whom  an  indictment,  superior  court
  information,   prosecutor's   information,  information,  or  simplified
  information charging a misdemeanor  is  pending,  the  prosecutor  shall
  disclose   to   the   defendant   and  make  available  for  inspection,
  photographing, copying or testing, the following property:
    (a)  Any written, recorded or oral statement of the defendant, and  of
  a  co-defendant  to  be tried jointly, made, other than in the course of
  the criminal transaction, to a public servant engaged in law enforcement
  activity  or  to  a  person  then  acting  under  his  direction  or  in
  cooperation with him;
    (b)    Any  transcript of testimony relating to the criminal action or
  proceeding pending against the defendant, given by the defendant, or  by
  a co-defendant to be tried jointly, before any grand jury;
    (c)   Any written report or document, or portion thereof, concerning a
  physical or  mental  examination,  or  scientific  test  or  experiment,
  relating  to  the criminal action or proceeding which was made by, or at
  the request or direction of a public servant engaged in law  enforcement
  activity,  or  which was made by a person whom the prosecutor intends to
  call as a witness at trial, or which the people intend to  introduce  at
  trial;
    (d)    Any  photograph  or  drawing relating to the criminal action or
  proceeding which was made or completed by a public  servant  engaged  in
  law  enforcement  activity,  or  which  was  made  by  a person whom the
  prosecutor intends to call as a witness at trial, or  which  the  people
  intend to introduce at trial;
    (e)  Any photograph, photocopy or other reproduction made by or at the
  direction of a police  officer,  peace  officer  or  prosecutor  of  any
  property  prior  to  its  release  pursuant to the provisions of section
  450.10 of the penal law, irrespective of whether the  people  intend  to
  introduce  at  trial  the property or the photograph, photocopy or other
  reproduction.
    (f)  Any other property obtained from the defendant, or a co-defendant
  to be tried jointly;
    (g)  Any tapes or other electronic  recordings  which  the  prosecutor
  intends  to  introduce  at trial, irrespective of whether such recording
  was made during the course of the criminal transaction;
    (h)   Anything required to  be  disclosed,  prior  to  trial,  to  the
  defendant  by the prosecutor, pursuant to the constitution of this state
  or of the United States.
    (i) The approximate date, time and place of the offense charged and of
  defendant's arrest.
    (j) In any prosecution under penal law section 156.05 or  156.10,  the
  time,  place  and  manner of notice given pursuant to subdivision six of
  section 156.00 of such law.
    (k) in any prosecution  commenced  in  a  manner  set  forth  in  this
  subdivision  alleging  a  violation  of  the vehicle and traffic law, in
  addition to any material required  to  be  disclosed  pursuant  to  this
  article,  any  other provision of law, or the constitution of this state
  or of the United States, any written  report  or  document,  or  portion
  thereof,  concerning  a  physical  examination,  a  scientific  test  or
  experiment,  including  the  most  recent  record  of   inspection,   or
  calibration  or  repair  of  machines or instruments utilized to perform
  such scientific tests or experiments and the certification  certificate,
  if  any,  held by the operator of the machine or instrument, which tests
  or examinations were made by or at the request or direction of a  public
  servant  engaged  in  law  enforcement  activity  or which was made by a

  person whom the prosecutor intends to call as a  witness  at  trial,  or
  which the people intend to introduce at trial.
    2.    The  prosecutor  shall  make  a  diligent,  good faith effort to
  ascertain the existence of demanded property and to cause such  property
  to be made available for discovery where it exists but is not within the
  prosecutor's   possession,   custody  or  control;  provided,  that  the
  prosecutor shall not be required  to  obtain  by  subpoena  duces  tecum
  demanded material which the defendant may thereby obtain.
Section:  Previous  Article 240  240.10  240.20  240.30  240.35  240.40  240.43  240.44  240.45  240.50  240.60  240.70  240.75  240.80  240.90  Next

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Last modified: February 15, 2014