New York Criminal Procedure Law Section 240.70 - Discovery; sanctions; fees.

240.70  Discovery; sanctions; fees.

1. If, during the course of discovery proceedings, the court finds that a party has failed to comply with any of the provisions of this article, the court may order such party to permit discovery of the property not previously disclosed, grant a continuance, issue a protective order, prohibit the introduction of certain evidence or the calling of certain witnesses or take any other appropriate action.

2. The failure of the prosecution to call as a witness a person specified in subdivision one of section 240.20 of this article or of any party to introduce disclosed material at the trial shall not, by itself, constitute grounds for any sanction or for adverse comment thereupon by any party in summation to the jury or at any other point.

3. A fee for copies of records required to be disclosed may be charged. Such fee shall not exceed twenty-five cents per photocopy not in excess of nine inches by fourteen inches, or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by law.

Last modified: February 3, 2019