240.30 - Discovery; Upon Demand of Prosecutor. | Article 240 - (240.10 - 240.90) DISCOVERY | Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE | Part 2 - THE PRINCIPAL PROCEEDINGS | CPL - Criminal Procedure | 2015 New York Laws

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.

Last modified: April 13, 2016