onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

New York Criminal Procedure - Article 240 - § 240.30 Discovery; Upon Demand of Prosecutor

Legal Research Home > New York Laws > Criminal Procedure > New York Criminal Procedure - Article 240 - § 240.30 Discovery; Upon Demand of Prosecutor


Criminal Procedure 
 
  § 240.30  Discovery; upon demand of prosecutor.
    1.  Except  to  the  extent protected by court order, upon a demand to
  produce by the prosecutor,  a  defendant  against  whom  an  indictment,
  superior  court  information,  prosecutor's information, information, or
  simplified information charging a misdemeanor is pending shall  disclose
  and  make  available  for inspection, photographing, copying or testing,
  subject to constitutional limitations:
    (a) any written report or document, or portion thereof,  concerning  a
  physical  or  mental  examination,  or  scientific  test, experiment, or
  comparisons, made by or at the request or direction of,  the  defendant,
  if  the defendant intends to introduce such report or document at trial,
  or  if the defendant has filed a notice of intent to proffer psychiatric
  evidence and such report or document relates thereto, or if such  report
  or  document  was made by a person, other than defendant, whom defendant
  intends to call as a witness at trial; and
    (b) any photograph, drawing, tape or other electronic recording  which
  the defendant intends to introduce at trial.
    2.    The defense shall make a diligent good faith effort to make such
  property available for discovery where it exists but the property is not
  within its possession, custody or control, provided, that the  defendant
  shall  not  be  required  to  obtain  by  subpoena  duces tecum demanded
  material that the prosecutor 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

Last modified: February 15, 2014