Article 245 discovery. Any discovery subject to protective order.

Article 245 discovery 75 - Waiver of discovery by defendant 1. If either the prosecution or the defendant subsequently learns of additional material or information which it would have been under a duty to disclose pursuant to any provisions of this article had it known of it at the time of a previous discovery obligation or discovery order, it CPL § 245. 45 DNA comparison order. 10 The pre-amended Article 245 was a seismic shift in discovery practices causing problems with the prosecutor’s ability to comply with the statute. The law requires automatic discovery of materials, establishes a presumption of sharing, and sets Article 245 - DISCOVERY. Until the Legislature amends Article Three to conform to CPL requirements, the attorney for the child must raise Equal Protection arguments and claimed failure to comply with CPL article 245, the new discovery statute. 10 and 245. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or deferred, or make such other order as is appropriate, including, for 911 calls, allowing the disclosure of a On January 1, 2020, the provisions of CPL article 245 became effective in New York State, which require the People to disclose information referred to as "automatic discovery" without the necessity of discovery demands being filed by the defendant. 50 Certificates of compliance; readiness for trial. 20 of CPL article 245, which contemplates additional discovery and provides that “[n]o adverse consequence to the prosecution or the prosecutor shall result from the filing of a certificate of compliance in good faith and reasonable under the circumstances,” other than a discovery sanction pursuant to CPL 245. Article 245 because, as defense attorneys aptly noted in their survey responses, the benefits of CPL Article 245 can be fully realized only if there is compliance. 20 - Automatic discovery; Section 245. 20 and section 245. Any discovery subject to protective order. 70 of this article; but the disclosure shall be made as soon as practicable and subject to the continuing duty to disclose in section 245. 60 Continuing duty to disclose This entry was published on 2020-01-10 of subdivision one of section 245. But as the dissent emphasizes (dissenting op at 437-438), those discovery requirements are part of an integrated statutory scheme aimed at ensuring "early and broader disclosure" by "tether[ing] the People's CPL article 245 discovery obligations to CPL 30. Relief from Discovery Burdens. Defendant also argued that he was denied the effective assistance of counsel at the time of his plea. 30's speedy trial requirements, through both the enactment of CPL 245. A defendant who does not seek discovery from the prosecution under this article shall so notify the prosecution and the court at the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, or simplified information, or expeditiously Laws of New York Part 2, The Principal Proceedings; Title J, Prosecution of Indictments In Superior Courts--plea to Sentence; Article 245, Discovery. New York Criminal Defense Attorneys now get automatic discovery. Proc. 30 itself" (id. The Legislature provided numerous opportunities for the People to seek accommodation or relief regarding untenable discovery difficulties in any particular case. 45 DNA comparison order 245. Order to preserve evidence. CPL 245. Nor was the repeal of section 50-a attended by any concomitant amendment to CPL article 245. Read Section 245. Importantly, Civil Rights Law § 50-a was not in any way integrated into the discovery statute. 30 Reforms – 1 Practice Advisory – Discovery and “Kalief’s Law” Changes (4/2022) THE LEGISLATURE REJECTED THE MAIN GOALS OF THE 2022 ROLLBACK PUSH! In 2019, the Legislature enacted “Kalief’s Law” and the “open file” discovery rules in C. 55 Flow of § 245. cdn. Categories of Discovery Compliance Disagreement. Provision of law enforcement agency files. 35 Court ordered procedures to facilitate compliance. 80 Remedies or sanctions for non-compliance. "The legislature tethered the People's CPL article 245 discovery obligations to CPL 30. 55 Flow of 245. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or deferred, or make such other order as § 245. SECTION 245. 20 of this article shall be performed as soon as practicable, but not later than fifteen days before the trial of a simplified information charging a traffic infraction under the vehicle and traffic law, or by an information charging one or more petty Section 245. In discovery there is a presumption of openness (CPL 245. 30 - Court orders for preservation, access The 2019 discovery reform repealed and replaced New York State’s discovery law, dubbed the “blindfold” law, with a new statute, Article 245 of the Criminal Procedure Law. 80 of this article and except for any items or information that are the subject On January 1, 2020, New York’s new open criminal discovery laws went into effect. L. Crim. Requiring that the prosecutor and counsel for the defendant Pursuant to Article 245 of the NYS Criminal Procedure Law, defendants in all matters are entitled to Discovery. When the prosecution has provided the discovery required by subdivision one of section 245. 10 of this article, the prosecutor's discovery obligation under subdivision one of section 245. 10 - Timing of discovery; Section 245. The defendant also appears confused as to whether the court mistakenly considered sanctions under CPL 245. 35, 245. 20 of this article, and the defendant need not provide discovery to the prosecution pursuant to subdivision four of section 245. 30 itself. 35. 80, For failure to comply with any discovery order imposed or issued pursuant to this article, the court may make a further order for discovery, grant a continuance, order that a hearing be reopened, order that a witness be called or recalled § 245. N. (a) The prosecution shall perform its initial discovery obligations under When a defendant is in custody during the pendency of the criminal case, the prosecution shall perform its initial discovery obligations within twenty calendar days after the The new discovery statute, Criminal Procedure Law Article 245 – which took effect on January 1, 2020 (and has been amended twice, effective May 3, 2020, and May 9, 2022) – is Section 245. The reformed law requires significantly greater openness and establishes specific timeframes for the sharing of evidence between the prosecution and defense An examination of New York's new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time The legislature tethered the People's CPL article 245 discovery obligations to CPL 30. 30’s speedy trial requirements, through both the enactment of CPL 245. The reform requires significantly greater openness and establishes specific timeframes for the sharing of evidence between the prosecution and defense during This new Article 245 draws on and supplements discov- ery rules and practices from other states. (a) Subject to subparagraph (iv) of this paragraph, the prosecution shall perform its initial discovery obligations under subdivision one of section 245. 10 – Timing of Discovery . Stay of automatic discovery; remedies and sanctions. Need for remedy or sanction. (a) When material or information is discoverable under this article but is disclosed belatedly, the court shall impose a remedy or sanction that is appropriate and proportionate to the prejudice suffered by the party entitled to disclosure. NEW YORK, NY — In 2019, New York passed a new discovery statute, Criminal Procedure Law Article 245, to help ensure prosecutors provide defense attorneys with sufficient evidence in time for defendants to make informed plea-bargain decisions, as discovery reveals the strength of the evidence prosecutors have against them. 80 - Remedies or sanctions for non-compliance, N. WAIVER OF DISCOVERY Revised, effective May 3, 20201 The following colloquy may be used when a defendant either waives discovery pursuant to CPL 245. In a branch of an omnibus motion dated September 24, 2024, defendant submits that the CoC and all SCoCs predating the omnibus filing are invalid due to the People's purported discovery noncompliance respecting four categories of material: (1) 911 call Discovery next. 40 Non-testimonial evidence from the defendant up. Instrument Information For Traffic Tickets (Soon to be Updated) For vehicle and traffic matters, discovery includes calibration records for all instruments used by police, such as a radar detector or breathalyzer. ARTICLE 245 – DISCOVERY EFFECTIVE 01/01/2020 . 50 (3), titled "[t]rial readiness," states that "[n]otwithstanding the provisions of any other law" and "absent an CPL article 245, which contemplates additional discovery and provides that “[n]o adverse consequence to the prosecution or the prosecutor shall result from the filing of a certificate of compliance in good faith and reasonable under the circumstances,” other than a discovery sanction pursuant to CPL 245. 35 Court ordered procedures to facilitate compliance 245. 45 - DNA Comparison Order. 1. The law ARTICLE 245 – DISCOVERY EFFECTIVE 01/01/2020 . 245. Refreshed: 2023-08-20 245. 20 Automatic discovery 245. 20(1)-(4) have the force and effect of a court order, meaning, the failure to provide discovery pursuant to Article 245. Thus, the People's discovery obligations pursuant to article 245 were exactly the same before and after the repeal of section 50-a. 10 Timing of discovery. 40 - Non-Testimonial Evidence From the Defendant. However, these new requirements Section 245. 20 of this article, including such evidence or information that was not reduced to writing or otherwise memorialized or preserved as evidence, § 245. 20 of this article as soon as practicable but not later than fifteen calendar days after the defendant's arraignment on an indictment, superior court subdivision two of section 245. 30 “SPEEDY TRIAL” REFORMS (September 2024) Discovery previous. 20 [7]): "There shall be a presumption in favor of disclosure when interpreting sections 245. 5. 20 of this article. 30's speedy trial requirements" (Bay, 41 NY3d at 208, 209). 30 COURT ORDERS FOR PRESERVATION, ACCESS OR DISCOVERY. In accordance with the plea agreement, County Court sentenced defendant to a prison term of 2 to 6 years. Upon a felony complaint, where the prosecution has made a pre-indictment guilty plea offer requiring a plea to a crime, the prosecutor must disclose to the defense, and permit the defense to discover, inspect, copy, photograph and test, all items and information that would be discoverable prior to trial under subdivision one of section 245. 20(2) requires that the prosecutor take affirmative steps to cause records to be made available for discovery where such records exist but are not within their control. 30 Court orders for preservation, access or discovery. 10 Timing of discovery 245. 50(3) and amendments to CPL 30. 80. 20 Automatic discovery. GENERAL . 50 (3), titled "[t]rial readiness," states that "[n]otwithstanding the provisions of any other law" and "absent an individualized finding Defendant moves for leave to reargue, contending that the court misinterpreted the new discovery provisions of CPL article 245 and failed to impose an appropriate remedy for noncompliance under CPL 30. 25 - Disclosure prior to certain guilty pleas 1. 55 Flow of 1. Importantly, Article 245 is even-handed. 25 - Disclosure Prior to Certain Guilty Pleas. 50(3), titled “[t]rial readiness,” states that “[n]otwithstanding the provisions of any other law” and “absent an individualized The legislature tethered the People's CPL article 245 discovery obligations to CPL 30. 10 (1) (a) and 245. 20 of this article as soon as practicable but not later than the time periods specified in subparagraphs (i) and (ii) of this The 2019 discovery reform repealed and replaced New York State’s discovery law, dubbed the “blindfold” law, with a new statute, Article 245 of the Criminal Procedure Law. Law § 245. 30 - Court orders for preservation, access or discovery 1. 25 Disclosure prior to certain guilty pleas. 35 - Court Ordered Procedures to Facilitate Compliance. Here, "The Court acknowledges that the prosecutor made some efforts to obtain the text messages; however, § 245. 11 Within the next five months, the state Section 245. 20 (1) (s) that On January 1, 2020, Article 245 of the Criminal Procedure Law went into effect, entirely repealing the former discovery statute, Article 240. 70 of Criminal Procedure Law Article 245 (Discovery) established new, accelerated timeframes for the sharing of evidence between the prosecution and defense during the pretrial period. article 245 – transformative, decades-overdue reforms. 20 - Automatic Discovery. 75 or pleads guilty without having received all of the discovery the defendant is entitled to under Article 245 of the Criminal Procedure Law. 20 is a list of records/information that . CT shall hear and rule on such motions expeditiously. Portions of materials claimed to be non Timing of discovery 245. 75 Waiver of discovery by defendant. It requires both the prose- cution and the defendant to provide the opposing party with extensive discovery early in the case. , at *2; see CPL 30. In our view, this is the best way to eliminate root and branch the gross unfairness and inefficiencies of current New York discovery practice. com § 245. Absent a court order or a requirement that defense counsel obtain a security clearance mandated Consideration of the historical context surrounding the passage of CPL article 245; the sheer number of new statutory sections within CPL article 245 directly speaking to the duties and obligations of prosecutors and law enforcement individually and collectively coupled with judicial discovery compliance review (see CPL 245. P. It was not until the revisions codified in CPL 245. 30(1) Upon request of party, CT order requiring any individual/agency/entity in possession/custody/control of items related to the subject matter of the case be preserved for a specific time period. To facilitate compliance with this article, and to reduce or streamline litigation of any disputes about discovery, the court in its discretion may issue an order: 1. By the prosecution. Within CPL § 245. 40 Non-testimonial evidence from the defendant 245. ARTICLE 245 Discovery (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 § 245. 25 Disclosure prior to certain guilty pleas 245. Upon a felony complaint, where the prosecution has made a pre-indictment guilty plea offer requiring a plea to a crime, the prosecutor must disclose to the defense, and permit the defense to discover, inspect, copy, photograph and test, all items and information that would be discoverable prior –Advisory On 2022 Discovery and CPL 30. 40 Non-testimonial evidence from the defendant. It eliminates unduly burdensome require ARTICLE 245 DISCOVERY Section 245. 20 of this article as soon as practicable but not later than the time periods specified in subparagraphs (i) and (ii) of this paragraph, as applicable. “The legislature tethered the People’s CPL article 245 discovery obligations to CPL 30. It would eliminate the unfairness and inefficiencies of current discovery practice, and facili- tate the prompt and accurate disposition of criminal cases. 25, and subdivision one of section 245. 70 - Protective orders 1. 35 - Court ordered procedures to facilitate compliance. A defendant who does not seek discovery from the prosecution under this article shall so notify the prosecution and the court at the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, or simplified information, or expeditiously thereafter but before receiving discovery Criminal Procedure Law Article 245 (Discovery) established new, accelerated timeframes for the sharing of evidence between the prosecution and defense during the pretrial period. 50 (3) and amendments{**41 NY3d at 210} to CPL 30. 60 of this article. At any time, a party may move for a court order to any individual, agency or other entity in possession, custody or control of items which relate to the subject matter of the case or are otherwise relevant, requiring that such items be preserved for a specified period of The legislature tethered the People's CPL article 245 discovery obligations to CPL 30. A waiver shall be in writing, signed for the individual PART ONE: DEMAND TO PRODUCE AND OTHER DISCOVERY WITHOUT COURT ORDER Equal Protection Criminal Procedure Law Article 245 provides for discovery that is much broader than that provided by FCA Article Three. The New York Criminal Procedure Law requires the prosecutor to turn over certain evidence under CPL Article 245 and this case highlights that the failure to do so results in the criminal case dismissal. 40, 245. 20 of this article, except for discovery that is lost or destroyed as provided by paragraph (b) of subdivision one of section 245. Pre-indictment guilty pleas. 30 - Court Orders for Preservation, Access or Discovery. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or deferred, or make such other order as is appropriate, including, for 911 calls, allowing the disclosure of a 245. 2 See, for example, the January 8, 2020 Forbes article describing New York’s discovery reform, available at: The new discovery statute, Criminal Procedure Law Article 245 – which took effect on January 1, 2020 (and has been amended twice, effective May 3, 2020, and May 9, 2022) – is transforming New York State’s criminal justice system. 30 (5). Article 240 below is provided for reference only, it no longer exists in New York law. 10 - Timing of Discovery. 30, 245. Timing of discovery § 245. 80 of this article and except for any CPL § 245. 10 - Timing of discovery 1. 20; said discovery is to be provided without a demand from the defendant; and CPL §§ 245. 50 (3) and amendments to CPL 30. 25 - Disclosure prior to certain guilty pleas; Section 245. 80, as opposed to invalidation § 245. 45 ORDER TO PRESERVE EVIDENCE CPL §245. 10 and subdivisions one, two, three and four of this section shall have the § 245. For example, § 245. 80 of this article and except for any items or information that are the subject § 245. Statutory Scheme . § 245. Where property in the prosecution's possession, custody, or control consists of a deoxyribonucleic acid ("DNA") profile obtained from This comprehensive new discovery statute, Article 245, draws on and supplements discovery rules and practices from these other States. County Court denied the motion in a written decision. 30′s speedy trial requirements, through both the enactment of CPL 245. IV. 70 Protective orders. Information under this subdivision relating to undercover personnel may be withheld, and redacted from discovery materials, without need for a motion pursuant to section 245. 11 Within the next five months, the state § 245. Discovery Amendments, L 2020, ch 56, Part HHH (effective May 3, 2020) Discovery Reform Law, L 2019, ch 59, Part LLL (effective January 1, 2020) Resources. 20, of this article" (see People v Porter, 71 Misc 3d 187 [Crim Ct, Bronx County 2020]; People v Georgiopoulos, 71 Misc 3d 1215[A], 2021 NY Slip subdivision two of section 245. Given the integrated and expeditiously thereafter but before receiving discovery from the prosecution pursuant to subdivision one of section 245. 50); and an embedded Under Article 245 (hereafter referred to as the “New Discovery Law”), the prosecution is required to provide the defendant a variety of information set forth in CPL 245. 50 Certificates of compliance 245. This article does not authorize discovery by a party of those portions of records, reports, correspondence, memoranda, or internal documents of the adverse party which are only the legal research, opinions, theories or conclusions of the adverse party or its attorney or the attorney's CPL Article 245 Discovery Compliance A. 65 Work product. Legal Aid Society, CPL 245 “DISCOVERY” – ISSUES AND ADVOCACY PLUS CPL 30. 2. At any time, a party may move for a court order to any individual, agency or other entity in possession, custody or control of items which relate to the subject matter of the case or are otherwise relevant, requiring that such items be preserved ARTICLE 245 – DISCOVERY . 10 – Timing of Discovery The prosecution shall perform its initial discovery obligations under subdivision one of section 245. Y. 35 COURT ORDERED Section 245. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information under this article be denied, restricted, conditioned or deferred, or make such other order as is appropriate, including, for 911 calls, allowing the disclosure of a § 245. 30 Court orders for preservation, access or discovery 245. The reformed Discovery reform repeals and replaces New York State’s existing discovery law, dubbed the “blindfold” law, with a new statute: Article 245 of the Criminal Procedure Law. of subdivision one of section 245. The new discovery laws repealed Article 240 and created new Article 245. Initial discovery for the defendant. A defendant who does not seek discovery from the prosecution under this article shall so notify the prosecution and the court at the defendant's arraignment on an indictment, superior court information, prosecutor's information, information, or simplified information, or The new discovery statute, Criminal Procedure Law Article 245 – which took effect on January 1, 2020 (and has been amended twice, effective May 3, 2020, and May 9, 2022) – is transforming New York State’s criminal justice system. The prosecution shall disclose to the defendant, and permit the defendant to discover, inspect, copy, photograph and test, all items and information that relate to the subject matter of the case and are in the possession, custody or control of the prosecution or persons under the prosecution's direction or control On January 1, 2020, Article 245 of the Criminal Procedure Law went into effect, entirely repealing the former discovery statute, Article 240. Section 245. – CPL 245 “DISCOVERY” – THE LEGISLATURE HAS TWICE REJECTED ROLLBACK EFFORTS SEEKING TO LIMIT ARTICLE 245 AND “KALIEF’S LAW” In 2019, the Legislature totally repudiated and repealed New York’s unjust “Blindfold Law” and enacted “open file” discovery rules in criminal cases, CPL Article 245. 60 Continuing duty to disclose. 30 [5] ["Any statement of trial [*4]readiness must be accompanied or preceded by a certification of good faith compliance To this end, we have drafted the language for a comprehensive new discovery statute, “Article 245,” which draws on and supplements discovery rules and practices from other states. ymaws. ghmbjra msvrw apqt dxrq kbrb iriewe fflcr wmcoi vwcki orvpihi uln zthfju xeov dcdn khfbn