The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6907--A
                                                        Cal. No. 637

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  --  advanced  to  a  third  reading,  amended  and  ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
  relation  to  establishing new criminal discovery rules; and to repeal
  article 240 of the criminal procedure law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 240 of the criminal procedure law is REPEALED.
  S 2. The criminal procedure law is amended by adding a new article 245
to read as follows:
                                ARTICLE 245
                                DISCOVERY
SECTION 245.10 TIMING OF DISCOVERY.
        245.20 AUTOMATIC DISCOVERY.
        245.25 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
        245.30 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
        245.35 DEPOSITIONS.
        245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
        245.45 PRESERVATION OF EVIDENCE.
        245.50 CERTIFICATES OF COMPLIANCE.
        245.55 FLOW OF INFORMATION.
        245.60 CONTINUING DUTY TO DISCLOSE.
        245.65 WORK PRODUCT.
        245.70 PROTECTIVE ORDERS.
        245.75 AMENDMENT OF DISCOVERY ORDERS.
        245.80 WAIVER OF DISCOVERY BY DEFENDANT.
        245.85 REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.
        245.90 ADMISSIBILITY OF DISCOVERY.
S 245.10 TIMING OF DISCOVERY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10278-03-2

A. 6907--A                          2

  1. PROSECUTION'S PERFORMANCE OF OBLIGATIONS. (A) THE PROSECUTION SHALL
PERFORM  ITS  INITIAL  DISCOVERY  OBLIGATIONS  UNDER  SUBDIVISION ONE OF
SECTION 245.20 OF THIS ARTICLE AS SOON AS PRACTICABLE BUT NOT LATER THAN
FIFTEEN CALENDAR DAYS AFTER THE DEFENDANT'S ARRAIGNMENT  ON  AN  INDICT-
MENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFORMATION,
OR  SIMPLIFIED  INFORMATION CHARGING A MISDEMEANOR, EXCEPT THAT PORTIONS
OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE  WITHHELD  PENDING  A
DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
CLE;  BUT THE DEFENDANT MUST BE NOTIFIED IN WRITING THAT INFORMATION HAS
NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION.
  (B) THE PROSECUTION SHALL PERFORM  ITS  SUPPLEMENTAL  DISCOVERY  OBLI-
GATIONS  UNDER SUBDIVISION TWO OF SECTION 245.20 OF THIS ARTICLE AS SOON
AS PRACTICABLE BUT NOT LATER THAN FIFTEEN CALENDAR DAYS BEFORE TRIAL.
  (C) UPON TIMELY DEFENSE REQUEST, THE PROSECUTION SHALL DISCLOSE  MATE-
RIALS  UNDER  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS
ARTICLE TO ANY DEFENDANT WHO HAS BEEN  ARRAIGNED  IN  A  LOCAL  CRIMINAL
COURT  UPON  A  CURRENTLY  UNDISPOSED  OF  FELONY  COMPLAINT CHARGING AN
OFFENSE WHICH IS A SUBJECT  OF  A  PROSPECTIVE  OR  PENDING  GRAND  JURY
PROCEEDING,  NO  LATER  THAN FORTY-EIGHT HOURS BEFORE THE TIME SCHEDULED
FOR THE DEFENDANT TO TESTIFY AT A  GRAND  JURY  PROCEEDING  PURSUANT  TO
SUBDIVISION FIVE OF SECTION 190.50 OF THIS CHAPTER.
  2.  DISCLOSURE PRIOR TO A GUILTY PLEA DEADLINE. IF THE PROSECUTION HAS
IMPOSED A GUILTY PLEA DEADLINE, BUT DOES NOT PROVIDE THE DEFENDANT  WITH
MATERIAL  DISCLOSURE LISTED IN SUBDIVISION ONE OF SECTION 245.20 OF THIS
ARTICLE AT LEAST THIRTY CALENDAR DAYS BEFORE THE GUILTY  PLEA  DEADLINE,
THE  COURT,  UPON  MOTION OF THE DEFENDANT, SHALL CONSIDER THE IMPACT OF
THE FAILURE TO PROVIDE SUCH DISCLOSURE ON THE  DEFENDANT'S  DECISION  TO
ACCEPT  OR  REJECT A GUILTY PLEA OFFER. IF THE COURT DETERMINES THAT THE
PROSECUTOR'S FAILURE TO PROVIDE SUCH DISCLOSURE MATERIALLY AFFECTED  THE
DEFENDANT'S  DECISION  TO  REJECT A GUILTY PLEA OFFER AND THE PROSECUTOR
DECLINES TO REINSTATE THAT LAPSED GUILTY  PLEA  OFFER,  THE  PRESUMPTIVE
MINIMUM  REMEDY  OR SANCTION SHALL BE PRECLUSION FROM ADMISSION AT TRIAL
OF ANY EVIDENCE NOT DISCLOSED AT LEAST THIRTY CALENDAR DAYS  BEFORE  THE
DEADLINE.    IF  THE COURT DETERMINES, UPON MOTION OF THE DEFENDANT MADE
PRIOR TO SENTENCING, THAT THE PROSECUTOR'S FAILURE TO PROVIDE DISCLOSURE
LISTED IN PARAGRAPH (J) OF SUBDIVISION ONE OF  SECTION  245.20  OF  THIS
ARTICLE  MATERIALLY AFFECTED THE DEFENDANT'S DECISION TO ACCEPT A GUILTY
PLEA  OFFER,  THE  COURT  SHALL  VACATE  THE  GUILTY  PLEA  AND  FURTHER
PROCEEDINGS SHALL BE HAD ON THE ACCUSATORY INSTRUMENT.
  3. DEFENDANT'S PERFORMANCE OF OBLIGATIONS. THE DEFENDANT SHALL PERFORM
HIS  OR  HER  DISCOVERY  OBLIGATIONS  UNDER SUBDIVISION THREE OF SECTION
245.20 OF THIS ARTICLE NOT LATER THAN THIRTY CALENDAR DAYS  AFTER  BEING
SERVED  WITH  THE  PROSECUTION'S  CERTIFICATE  OF COMPLIANCE PURSUANT TO
SUBDIVISION ONE OF SECTION 245.50 OF THIS ARTICLE, EXCEPT THAT  PORTIONS
OF  MATERIALS  CLAIMED  TO BE NON-DISCOVERABLE MAY BE WITHHELD PENDING A
DETERMINATION AND RULING OF THE COURT UNDER SECTION 245.70 OF THIS ARTI-
CLE; BUT THE PROSECUTION MUST BE NOTIFIED IN  WRITING  THAT  INFORMATION
HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SECTION.
S 245.20 AUTOMATIC DISCOVERY.
  1. INITIAL DISCOVERY FOR THE DEFENDANT. THE PROSECUTION SHALL DISCLOSE
TO THE DEFENDANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY OR
PHOTOGRAPH,  EACH  OF  THE FOLLOWING ITEMS AND INFORMATION WHEN IT IS IN
THE POSSESSION, CUSTODY OR CONTROL OF THE PROSECUTION OR  PERSONS  UNDER
THE PROSECUTION'S DIRECTION OR CONTROL:

A. 6907--A                          3

  (A) ALL WRITTEN AND RECORDED STATEMENTS, AND THE SUBSTANCE OF ALL ORAL
STATEMENTS,  MADE BY THE DEFENDANT OR A CO-DEFENDANT WHICH RELATE TO THE
SUBJECT MATTER OF THE CASE OR ARE OTHERWISE RELEVANT;
  (B)  ALL  TRANSCRIPTS  OF  THE TESTIMONY OF A PERSON WHO HAS TESTIFIED
BEFORE ANY GRAND JURY WHEN THE TESTIMONY RELATES TO THE  SUBJECT  MATTER
OF THE CASE OR IS OTHERWISE RELEVANT;
  (C)  THE  NAMES,  KNOWN  ALIASES,  ADDRESSES  AND  BIRTH  DATES OF ALL
PERSONS, OTHER THAN LAW ENFORCEMENT PERSONNEL, WHOM THE PROSECUTOR KNOWS
TO HAVE EVIDENCE OR INFORMATION RELEVANT TO ANY OFFENSE CHARGED OR TO  A
POTENTIAL  DEFENSE THERETO, INCLUDING A DESIGNATION BY THE PROSECUTOR AS
TO WHICH OF THOSE PERSONS MAY BE CALLED AS WITNESSES;
  (D) THE NAME, RANK, SHIELD NUMBER AND  BUSINESS  ADDRESS  OF  ALL  LAW
ENFORCEMENT  PERSONNEL  WHOM  THE  PROSECUTOR  KNOWS TO HAVE EVIDENCE OR
INFORMATION RELEVANT TO ANY OFFENSE CHARGED OR TO  A  POTENTIAL  DEFENSE
THERETO;
  (E)  ALL  STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
OR RECORDING, WHICH RELATE TO THE SUBJECT MATTER  OF  THE  CASE  OR  ARE
OTHERWISE RELEVANT AND WERE MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO
HAVE  EVIDENCE  OR  INFORMATION  RELEVANT TO ANY OFFENSE CHARGED OR TO A
POTENTIAL DEFENSE THERETO;
  (F) INTENDED EXPERT OPINION EVIDENCE,  INCLUDING  THE  NAME,  BUSINESS
ADDRESS,  CURRENT  CURRICULUM  VITAE, AND A LIST OF PUBLICATIONS OF EACH
INTENDED EXPERT WITNESS, AND ALL REPORTS PREPARED  BY  THE  EXPERT  THAT
PERTAIN TO THE CASE, OR IF NO REPORT IS PREPARED, A WRITTEN STATEMENT OF
THE  FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY AND A
SUMMARY OF THE GROUNDS FOR EACH OPINION. THIS SUBDIVISION DOES NOT ALTER
OR IN ANY WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET FORTH  IN
SECTION 250.10 OF THIS TITLE. IF IN THE EXERCISE OF REASONABLE DILIGENCE
THIS  INFORMATION  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION ONE OF SECTION 245.10  OF  THIS  ARTICLE,  THAT
PERIOD  SHALL  BE  STAYED  WITHOUT NEED FOR A MOTION PURSUANT TO SECTION
245.75 OF THIS ARTICLE; EXCEPT THAT THE DISCLOSURE SHALL BE MADE AS SOON
AS PRACTICABLE AND NOT LATER THAN  SIXTY  CALENDAR  DAYS  BEFORE  TRIAL,
UNLESS AN ORDER IS OBTAINED PURSUANT TO SECTION 245.75 OF THIS ARTICLE;
  (G) ALL POLICE REPORTS, LAW ENFORCEMENT AGENCY REPORTS, POLICE OFFICER
MEMO  BOOK  ENTRIES  AND LOG ENTRIES AND NOTES, INTENDED EXHIBITS, TAPES
AND OTHER ELECTRONIC RECORDINGS,  PHOTOGRAPHS,  DRAWINGS,  AND  TANGIBLE
OBJECTS  WHICH RELATE TO THE SUBJECT MATTER OF THE CASE OR ARE OTHERWISE
RELEVANT, INCLUDING ANY PHOTOGRAPH, PHOTOCOPY OR REPRODUCTION MADE BY OR
AT THE DIRECTION OF LAW ENFORCEMENT PERSONNEL OF ANY PROPERTY  PRIOR  TO
ITS RELEASE PURSUANT TO SECTION 450.10 OF THE PENAL LAW;
  (H)  ALL REPORTS, DOCUMENTS, RESULTS AND INFORMATION CONCERNING SCIEN-
TIFIC TESTS AND EXPERIMENTS AND COMPARISONS,  AND  PHYSICAL  AND  MENTAL
EXAMINATIONS  OF  ANY  PERSON, WHICH RELATE TO THE SUBJECT MATTER OF THE
CASE OR ARE OTHERWISE RELEVANT;
  (I) ALL TANGIBLE OBJECTS OBTAINED FROM OR ALLEGEDLY BELONGING  TO  THE
DEFENDANT  OR  A CO-DEFENDANT, INCLUDING A DESIGNATION BY THE PROSECUTOR
AS TO WHICH TANGIBLE OBJECTS WERE PHYSICALLY OR CONSTRUCTIVELY POSSESSED
BY THE DEFENDANT AND WERE RECOVERED DURING A  SEARCH  OR  SEIZURE  BY  A
POLICE  OFFICER  OR  OTHER PUBLIC SERVANT OR AN AGENT THEREOF, AND WHICH
TANGIBLE OBJECTS WERE RECOVERED BY A  POLICE  OFFICER  OR  OTHER  PUBLIC
SERVANT  OR  AN  AGENT  THEREOF  AFTER  ALLEGEDLY BEING ABANDONED BY THE
DEFENDANT.  IF  THE  PROSECUTION  INTENDS  TO  PROVE   THE   DEFENDANT'S
POSSESSION  OF  ANY  TANGIBLE  OBJECTS  SOLELY  BY  MEANS OF A STATUTORY
PRESUMPTION OF POSSESSION UNDER SECTION 220.25 OR 265.15  OF  THE  PENAL
LAW  OR  ANOTHER PROVISION, IT SHALL ALSO DESIGNATE THAT INTENTION AS TO

A. 6907--A                          4

EACH SUCH  OBJECT.  IN  ADDITION  THE  PROSECUTOR  SHALL  DESIGNATE  THE
LOCATIONS FROM WHICH ALL TANGIBLE OBJECTS WERE RECOVERED;
  (J) ALL EVIDENCE AND INFORMATION WHICH TENDS TO NEGATE THE DEFENDANT'S
GUILT  OR  TO  MITIGATE  THE  DEFENDANT'S  CULPABILITY  AS  TO A CHARGED
OFFENSE, OR WHICH TENDS TO SUPPORT A POTENTIAL DEFENSE THERETO, OR WHICH
TENDS TO  SUPPORT  A  MOTION  TO  SUPPRESS  EVIDENCE  ON  CONSTITUTIONAL
GROUNDS, OR WHICH WOULD TEND TO REDUCE THE PUNISHMENT OF THE DEFENDANT.
  (I)  SUCH  EVIDENCE  OR INFORMATION INCLUDES BUT IS NOT LIMITED TO: AN
OVERT OR TACIT LENIENCY OFFER  OR  DEAL  WITH  A  POTENTIAL  PROSECUTION
WITNESS  OR  AN  INFORMANT;  A  POTENTIAL  PROSECUTION  WITNESS'S  OR AN
INFORMANT'S PRIOR  INCONSISTENT  STATEMENTS;  INFORMATION  INDICATING  A
POTENTIAL  PROSECUTION WITNESS'S OR AN INFORMANT'S POSSIBLE BIAS, INTER-
EST, HOSTILITY, OR REASONS  TO  FABRICATE;  INFORMATION  THAT  TENDS  TO
UNDERCUT  THE  BELIEVABILITY  OF A POTENTIAL PROSECUTION WITNESS'S OR AN
INFORMANT'S FACTUAL ACCOUNT; PRIOR CONDUCT, MISCONDUCT AND CRIMINAL ACTS
THAT TEND TO UNDERCUT THE CREDIBILITY OF A POTENTIAL PROSECUTION WITNESS
OR AN INFORMANT; AND INFORMATION THAT TENDS TO UNDERCUT THE PROOF OF  AN
ELEMENT  OF  A  CHARGED  OFFENSE OR THAT OTHERWISE TENDS TO INDICATE THE
DEFENDANT MAY NOT BE GUILTY.
  (II) DISCLOSURE IS REQUIRED EVEN IF THE PROSECUTION DOUBTS THE BELIEV-
ABILITY OR USEFULNESS TO THE DEFENDANT OF THE EVIDENCE  OR  INFORMATION,
OR  BELIEVES IT CAN BE RECONCILED WITH THE PROSECUTION'S OTHER EVIDENCE;
OR IF IT HAS BOTH AN INCULPATORY AND AN EXCULPATORY  EFFECT;  OR  IF  IT
RELATES  TO  A  POTENTIAL  DEFENSE  DIFFERENT  FROM  THAT WHICH HAS BEEN
ANNOUNCED OR IS BEING PURSUED; OR IF IT HAS  NOT  BEEN  MEMORIALIZED  OR
RECORDED IN TANGIBLE FORM; OR IF IT IS NOT ADMISSIBLE AS EVIDENCE IN ITS
PRESENT  FORM; OR IF IT IS KNOWN TO THE DEFENDANT; OR IF IT RELATES TO A
PERSON WHOM THE PROSECUTION DOES NOT INTEND TO CALL  AT  TRIAL  BUT  WHO
POSSESSES EXCULPATORY INFORMATION;
  (K)  A  SUMMARY OF ALL CORPOREAL OR NON-CORPOREAL OR VOICE IDENTIFICA-
TION PROCEDURES, INCLUDING NOT ONLY PROCEDURES IN  WHICH  AN  EYEWITNESS
IDENTIFIED  THE DEFENDANT BUT ALSO PROCEDURES IN WHICH AN EYEWITNESS DID
NOT IDENTIFY THE DEFENDANT WHEN THE OPPORTUNITY FOR SUCH  IDENTIFICATION
EXISTED. THE SUMMARY SHALL INCLUDE:
  (I) THE DATE, TIME, LOCATION, TYPE, AND RESULT OF EACH PROCEDURE;
  (II)  THE  NAMES  OF ALL PERSONS PRESENT AT EACH PROCEDURE IF KNOWN TO
LAW ENFORCEMENT;
  (III) THE NAME AND ADDRESS OF EACH EYEWITNESS AT EACH PROCEDURE;
  (IV) THE NUMBER AND SOURCE OF ALL PHOTOGRAPHS OR  LINEUP  PARTICIPANTS
USED IN EACH PROCEDURE;
  (V)  A  COPY  OF ALL PHOTOGRAPHS, PHOTOGRAPHIC ARRAYS, AND PHOTOGRAPHS
TAKEN OF ALL LINEUPS VIEWED BY AN EYEWITNESS;
  (VI) THE DESCRIPTIONS  OF  SUSPECTS  ENTERED  INTO  AN  ELECTRONIC  OR
COMPUTER  PHOTOGRAPHIC  IDENTIFICATION SYSTEM, AND A SAVED COLLECTION OF
THE PHOTOGRAPHIC IMAGES GENERATED BY EACH DESCRIPTION AND VIEWED BY EACH
EYEWITNESS;
  (VII) WHETHER THE PROCEDURE WAS SIMULTANEOUS OR SEQUENTIAL;
  (VIII) ALL STATEMENTS MADE IN THE PRESENCE OF OR  BY  EACH  EYEWITNESS
THAT ARE RELEVANT TO THE ISSUE OF IDENTITY OR TO THE FAIRNESS OR ACCURA-
CY OF THE PROCEDURE, INCLUDING THE WORDS USED BY AN EYEWITNESS IN MAKING
ANY  IDENTIFICATION  AND  ANY  WORDS  DESCRIBING HIS OR HER CERTAINTY OR
UNCERTAINTY IN AN IDENTIFICATION AT THE TIME IT WAS MADE;
  (IX) ALL STATEMENTS MADE BY EACH EYEWITNESS REGARDING THE ROLE IN  THE
CHARGED  OFFENSE  OF  A  PERSON  IDENTIFIED  AND  ANY OTHER RELATIONSHIP
BETWEEN THEM;

A. 6907--A                          5

  (X) WHETHER THE EYEWITNESS SELECTED A DIFFERENT PERSON AS  THE  PERPE-
TRATOR  OR  INDICATED  A  BELIEF  THAT  HE OR SHE COULD NOT IDENTIFY THE
PERPETRATOR;
  (XI)  WHETHER  BEFORE THE PROCEDURE THE EYEWITNESS WAS INSTRUCTED THAT
THE PERPETRATOR MIGHT OR MIGHT NOT BE PRESENT;
  (XII) WHETHER THE ADMINISTRATOR OF EACH PROCEDURE  KNEW  WHICH  PERSON
WAS  THE  SUSPECT, AND WHETHER, BEFORE THE PROCEDURE, THE EYEWITNESS WAS
INSTRUCTED THAT THE ADMINISTRATOR DID NOT  KNOW  WHICH  PERSON  WAS  THE
SUSPECT; AND
  (XIII)  IF  THE  PROSECUTION  POSSESSES INFORMATION THAT AN EYEWITNESS
MADE A CORPOREAL OR NON-CORPOREAL OR VOICE OBSERVATION OF THE  DEFENDANT
ON  ANY  OTHER OCCASION AFTER THE TIME OF THE CHARGED OFFENSE BUT BEFORE
TRIAL, REGARDLESS OF THE INVOLVEMENT OR LACK OF INVOLVEMENT OF A  POLICE
OFFICER  OR  OTHER  PUBLIC  SERVANT  IN  THAT OBSERVATION, IT SHALL ALSO
DISCLOSE THAT INFORMATION;
  (L) A SUMMARY OF ALL PROMISES, REWARDS AND INDUCEMENTS MADE TO PERSONS
WHO MAY BE CALLED AS WITNESSES, AS WELL AS REQUESTS FOR CONSIDERATION BY
PERSONS WHO MAY BE CALLED AS WITNESSES,  AND  COPIES  OF  ALL  DOCUMENTS
RELEVANT TO A PROMISE, REWARD AND INDUCEMENT;
  (M)  WHETHER  THE PROSECUTION HAS ANY EVIDENCE OR INFORMATION THAT HAS
BEEN PROVIDED BY A CONFIDENTIAL INFORMANT OR A JAILHOUSE INFORMANT WHICH
RELATES TO THE SUBJECT MATTER OF THE CASE OR IS OTHERWISE RELEVANT;
  (N) WHETHER A SEARCH WARRANT  HAS  BEEN  EXECUTED  AND  ALL  DOCUMENTS
RELATING  THERETO, INCLUDING BUT NOT LIMITED TO THE WARRANT, THE WARRANT
APPLICATION, ALL SUPPORTING AFFIDAVITS, A POLICE INVENTORY OF ALL  PROP-
ERTY  SEIZED  UNDER  THE  WARRANT,  AND A TRANSCRIPT OF ALL TESTIMONY OR
OTHER ORAL COMMUNICATIONS OFFERED IN SUPPORT OF THE WARRANT APPLICATION;
  (O) WHETHER THERE HAS BEEN ANY ELECTRONIC SURVEILLANCE, INCLUDING  BUT
NOT  LIMITED  TO  WIRETAPPING  OR  VIDEO SURVEILLANCE, OF A RESIDENCE OR
BUSINESS OR TELEPHONE OR COMPUTER OR OTHER ELECTRONIC OR DIGITAL  DEVICE
OF THE DEFENDANT, OR OF CONVERSATIONS TO WHICH THE DEFENDANT OR A CO-DE-
FENDANT  WAS  A  PARTY,  AND  ALL  RECORDINGS,  TRANSCRIPTS,  DOCUMENTS,
WARRANTS AND WARRANT APPLICATION MATERIALS RELATING THERETO;
  (P) THE APPROXIMATE DATE, TIME AND PLACE OF THE  OFFENSE  OR  OFFENSES
CHARGED AND OF THE DEFENDANT'S SEIZURE AND ARREST;
  (Q)  WHETHER  A  CHARGED OFFENSE WAS SEEN BY A POLICE OFFICER OR OTHER
PUBLIC SERVANT FROM A POLICE OBSERVATION POST AND, IF SO, WHETHER VISUAL
MAGNIFICATION OR ENHANCEMENT EQUIPMENT WAS USED. THE  PROSECUTION  SHALL
PROVIDE  COUNSEL FOR THE DEFENDANT WITH INFORMATION SUFFICIENT TO UNDER-
TAKE A REASONABLE INVESTIGATION OF THE LOCATION OF THE  POLICE  OBSERVA-
TION  POST ON CONDITION THAT SUCH INFORMATION SHALL BE AVAILABLE ONLY TO
COUNSEL FOR THE DEFENDANT AND DEFENSE PERSONNEL AND NOT TO THE DEFENDANT
IF THE OBSERVATION POST IS STILL USED; EXCEPT THAT A  DIFFERENT  PROTEC-
TIVE  ORDER  PURSUANT TO SECTION 245.70 OF THIS ARTICLE MAY BE ISSUED BY
THE COURT FOR GOOD CAUSE SHOWN;
  (R) ALL INFORMATION OR MATERIAL REQUIRED TO BE GATHERED  OR  MEMORIAL-
IZED  PURSUANT  TO  SUBDIVISIONS  ONE  AND TWO OF SECTION 245.45 OF THIS
ARTICLE;
  (S) ANY DOCUMENTATION THAT THE PROSECUTOR HAS OBTAINED THAT RELATES TO
THE SUBJECT MATTER OF THE CASE OR IS OTHERWISE RELEVANT, CONCERNING:
  (I) CELLULAR TELEPHONE ACCOUNT INFORMATION AND RECORDS, CELLULAR TELE-
PHONE CALL DATA AND RECORDS, CELLULAR TELEPHONE TEXT  MESSAGE  DATA  AND
RECORDS,  RECORDINGS OF CELLULAR TELEPHONE MESSAGES, RECORDS OF CELLULAR
TELEPHONE TEXT MESSAGES, RECORDS OF CELLULAR TELEPHONE PHOTOGRAPHS,  AND
CELLULAR TELEPHONE TOWER DATA AND RECORDS;

A. 6907--A                          6

  (II)  EMAIL  ACCOUNT  INFORMATION  AND  RECORDS,  AND RECORDS OF EMAIL
MESSAGES AND INSTANT MESSAGES;
  (III) INTERNET SERVICE PROVIDER ACCOUNT INFORMATION AND RECORDS;
  (IV)  INTERNET  SOCIAL  NETWORK ACCOUNT INFORMATION, RECORDS AND POST-
INGS;
  (V) RECORDS OF INTERNET INSTANT MESSAGES, WEB PAGES AND WEB POSTINGS;
  (VI) ACCOUNT INFORMATION, RECORDS AND DATA  FROM  A  PERSONAL  DIGITAL
ASSISTANT DEVICE OR OTHER ELECTRONIC OR DIGITAL DEVICE USED FOR COMMUNI-
CATION OR FOR RECORDING OR STORING INFORMATION;
  (VII) DATA, RECORDS AND DOCUMENTS OBTAINED FROM A COMPUTER HARD DRIVE;
  (VIII)  ACCOUNT  INFORMATION, RECORDS AND DATA FROM AN ELECTRONIC TOLL
OR MASS TRANSIT SYSTEM FEE PAYMENT DEVICE; AND
  (IX) SIMILAR DOCUMENTATION THAT RELATES TO OTHER ELECTRONIC OR DIGITAL
COMMUNICATION, RECORDING, OR STORAGE DEVICES;
  (T) ANY DOCUMENTATION THAT THE PROSECUTOR HAS OBTAINED REGARDING PRIOR
AND PENDING ACCUSATORY INSTRUMENTS, CONVICTIONS, DISPOSITIONS,  AND  THE
PROBATIONARY  STATUS  OF  ALL DEFENDANTS AND ALL WITNESSES DESIGNATED AS
POTENTIAL PROSECUTION WITNESSES PURSUANT TO PARAGRAPH (C) OF THIS SUBDI-
VISION. IF COUNSEL FOR THE DEFENDANT LACKS ACCESS TO A DATABASE BY WHICH
TO OBTAIN THE  COMPLETE  CRIMINAL  RECORD  OF  ALL  DEFENDANTS  AND  ALL
WITNESSES  DESIGNATED AS POTENTIAL PROSECUTION WITNESSES, THE PROSECUTOR
ALSO SHALL EITHER (I) PROVIDE COUNSEL FOR THE DEFENDANT WITH  ACCESS  TO
SUCH A DATABASE, OR (II) PROVIDE THE DEFENDANT WITH THAT INFORMATION;
  (U) IN ANY PROSECUTION ALLEGING A VIOLATION OF THE VEHICLE AND TRAFFIC
LAW, WHERE THE DEFENDANT IS CHARGED BY INDICTMENT, SUPERIOR COURT INFOR-
MATION, PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION
CHARGING  A  MISDEMEANOR,  THE  MOST  RECENT RECORD OF INSPECTION, CALI-
BRATION AND REPAIR OF MACHINES AND INSTRUMENTS UTILIZED TO  PERFORM  ANY
SCIENTIFIC  TESTS  AND EXPERIMENTS AND THE CERTIFICATION CERTIFICATE, IF
ANY, HELD BY THE OPERATOR OF THE MACHINE OR INSTRUMENT,  AND  ALL  OTHER
DISCLOSURES REQUIRED UNDER THIS ARTICLE; AND
  (V)  IN  ANY  PROSECUTION  ALLEGING  A  VIOLATION OF SECTION 156.05 OR
156.10 OF THE PENAL LAW, THE TIME, PLACE  AND  MANNER  OF  NOTICE  GIVEN
PURSUANT TO SUBDIVISION EIGHT OF SECTION 156.00 OF THE PENAL LAW.
  2.  SUPPLEMENTAL  DISCOVERY  FOR  THE DEFENDANT. THE PROSECUTION SHALL
DISCLOSE TO THE DEFENDANT A LIST OF ALL MISCONDUCT AND CRIMINAL ACTS  OF
THE DEFENDANT NOT CHARGED IN THE INDICTMENT, SUPERIOR COURT INFORMATION,
PROSECUTOR'S  INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION CHARG-
ING A MISDEMEANOR, WHICH THE PROSECUTION INTENDS TO  USE  AT  TRIAL  FOR
PURPOSES  OF  IMPEACHING THE CREDIBILITY OF THE DEFENDANT OR AS SUBSTAN-
TIVE PROOF OF ANY MATERIAL ISSUE IN THE CASE.
  3. RECIPROCAL DISCOVERY FOR THE PROSECUTION. (A) THE DEFENDANT  SHALL,
SUBJECT  TO CONSTITUTIONAL LIMITATIONS, DISCLOSE TO THE PROSECUTION, AND
PERMIT THE PROSECUTION TO DISCOVER, INSPECT,  COPY  OR  PHOTOGRAPH,  ANY
MATERIAL AND RELEVANT EVIDENCE WITHIN THE DEFENDANT'S OR COUNSEL FOR THE
DEFENDANT'S  POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER PARAGRAPHS
(F), (G), (H) AND (L) OF SUBDIVISION ONE  OF  THIS  SECTION,  WHICH  THE
DEFENDANT  INTENDS  TO  OFFER  AT  TRIAL,  AND THE NAMES, KNOWN ALIASES,
ADDRESSES, BIRTH DATES, AND  ALL  STATEMENTS,  WRITTEN  OR  RECORDED  OR
SUMMARIZED  IN ANY WRITING OR RECORDING, OF THOSE PERSONS OTHER THAN THE
DEFENDANT WHOM THE DEFENDANT INTENDS TO CALL AS WITNESSES AT TRIAL.
  (B) DISCLOSURE OF THE NAME, KNOWN ALIASES, ADDRESS,  BIRTH  DATE,  AND
ALL  STATEMENTS,  WRITTEN  OR  RECORDED  OR SUMMARIZED IN ANY WRITING OR
RECORDING, OF A PERSON WHOM THE DEFENDANT INTENDS TO CALL AS  A  WITNESS
FOR THE SOLE PURPOSE OF IMPEACHING A PROSECUTION WITNESS IS NOT REQUIRED
UNTIL AFTER SUCH PROSECUTION WITNESS HAS TESTIFIED AT TRIAL.

A. 6907--A                          7

  (C)  IF  IN  THE  EXERCISE  OF  REASONABLE  DILIGENCE THE RECIPROCALLY
DISCOVERABLE INFORMATION UNDER PARAGRAPH (F) OF SUBDIVISION ONE OF  THIS
SECTION  IS  UNAVAILABLE FOR DISCLOSURE WITHIN THE TIME PERIOD SPECIFIED
IN SUBDIVISION THREE OF SECTION 245.10  OF  THIS  ARTICLE,  THAT  PERIOD
SHALL  BE STAYED WITHOUT NEED FOR A MOTION PURSUANT TO SECTION 245.75 OF
THIS ARTICLE; EXCEPT THAT THE DISCLOSURE SHALL BE MADE AS SOON AS  PRAC-
TICABLE  AND NOT LATER THAN THIRTY CALENDAR DAYS BEFORE TRIAL, UNLESS AN
ORDER IS OBTAINED PURSUANT TO SECTION 245.75 OF THIS ARTICLE.
  4. STAY OF AUTOMATIC DISCOVERY; REMEDIES AND  SANCTIONS.  SUBDIVISIONS
ONE  AND  THREE  OF SECTION 245.10 OF THIS ARTICLE AND SUBDIVISIONS ONE,
TWO AND THREE OF THIS SECTION SHALL HAVE THE FORCE AND EFFECT OF A COURT
ORDER, AND FAILURE TO PROVIDE DISCOVERY PURSUANT TO THEM MAY  RESULT  IN
APPLICATION  OF  ANY  REMEDIES OR SANCTIONS PERMITTED FOR NON-COMPLIANCE
WITH A COURT ORDER UNDER SECTION 245.85 OF THIS ARTICLE. HOWEVER, IF  IN
THE JUDGMENT OF EITHER PARTY GOOD CAUSE EXISTS FOR DECLINING TO MAKE ANY
OF  THE  DISCLOSURES SET FORTH ABOVE, IT MAY MOVE FOR A PROTECTIVE ORDER
PURSUANT TO SECTION 245.70 OF THIS ARTICLE AND PRODUCTION  OF  THE  ITEM
SHALL  BE STAYED PENDING A RULING BY THE COURT. THE OPPOSING PARTY SHALL
BE NOTIFIED IN WRITING THAT INFORMATION HAS NOT BEEN DISCLOSED  UNDER  A
PARTICULAR  SECTION.  WHEN  SOME  PARTS  OF  MATERIAL OR INFORMATION ARE
DISCOVERABLE BUT IN THE JUDGMENT  OF  A  PARTY  GOOD  CAUSE  EXISTS  FOR
DECLINING  TO  DISCLOSE  OTHER  PARTS,  THE  DISCOVERABLE PARTS SHALL BE
DISCLOSED AND THE DISCLOSING PARTY SHALL GIVE  NOTICE  IN  WRITING  THAT
NONDISCOVERABLE PARTS HAVE BEEN WITHHELD.
  5.  NOTICE  AND PRESERVATION OF EVIDENCE. (A) UPON RECEIPT OF INFORMA-
TION THAT ANY ITEM DESCRIBED IN SUBDIVISION ONE OF THIS SECTION  EXISTS,
EXCEPT  THAT  IT IS NOT WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE
PROSECUTION OR PERSONS UNDER THE PROSECUTION'S DIRECTION OR CONTROL, THE
PROSECUTION SHALL EXPEDITIOUSLY NOTIFY THE DEFENDANT OF THE EXISTENCE OF
THE ITEM AND OF ALL INFORMATION KNOWN TO THE PROSECUTOR  CONCERNING  THE
ITEM'S LOCATION AND THE IDENTITY OF ANY PERSONS POSSESSING IT.
  (B)  AT  ANY  TIME,  A  PARTY MAY MOVE FOR AN 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  TIME.
IN  ADDITION,  AT  ANY  TIME, THE DEFENDANT MAY MOVE FOR AN ORDER TO ANY
INDIVIDUAL, AGENCY OR OTHER ENTITY IN POSSESSION, CUSTODY OR CONTROL  OF
A  CRIME  SCENE  THAT  RELATES  TO  THE SUBJECT MATTER OF THE CASE OR IS
OTHERWISE RELEVANT, REQUIRING THAT COUNSEL FOR THE DEFENDANT BE  GRANTED
PROMPT  AND  REASONABLE  ACCESS  TO  INSPECT, PHOTOGRAPH OR MEASURE THAT
CRIME SCENE, AND THAT THE CONDITION OF THE CRIME SCENE REMAIN  UNCHANGED
IN  THE  INTERIM.  THE COURT SHALL HEAR AND RULE UPON SUCH MOTIONS EXPE-
DITIOUSLY. THE COURT MAY MODIFY OR VACATE SUCH  ORDERS  UPON  A  SHOWING
THAT  PRESERVATION  OF  PARTICULAR  EVIDENCE,  OR  GRANTING  ACCESS TO A
PARTICULAR CRIME SCENE, WILL CREATE SIGNIFICANT HARDSHIP,  ON  CONDITION
THAT  THE PROBATIVE VALUE OF THAT EVIDENCE OR THAT LOCATION IS PRESERVED
BY A SPECIFIED ALTERNATIVE MEANS.
S 245.25 MATERIAL HELD BY OTHER GOVERNMENTAL PERSONNEL.
  UPON THE DEFENDANT'S REQUEST AND DESIGNATION OF MATERIAL  OR  INFORMA-
TION WHICH WOULD BE DISCOVERABLE UNDER SECTION 245.20 OF THIS ARTICLE IF
IN  THE  POSSESSION,  CUSTODY  OR  CONTROL OF THE PROSECUTION OR PERSONS
UNDER THE PROSECUTION'S DIRECTION OR CONTROL, BUT WHICH IS, IN FACT,  IN
THE  POSSESSION, CUSTODY OR CONTROL OF OTHER GOVERNMENTAL PERSONNEL, THE
PROSECUTOR SHALL USE DUE DILIGENCE AND MAKE GOOD FAITH EFFORTS TO  CAUSE
SUCH  MATERIAL OR INFORMATION TO BE MADE AVAILABLE TO THE DEFENDANT, AND
IF THE PROSECUTOR'S EFFORTS ARE UNSUCCESSFUL AND SUCH MATERIAL OR INFOR-

A. 6907--A                          8

MATION OR OTHER GOVERNMENTAL PERSONNEL ARE SUBJECT TO  THE  JURISDICTION
OF THE COURT, THE COURT, UPON MOTION OF THE DEFENDANT, SHALL ISSUE SUIT-
ABLE  SUBPOENAS  OR  ORDERS  TO CAUSE SUCH MATERIAL OR INFORMATION TO BE
MADE AVAILABLE FOR DISCLOSURE TO THE DEFENDANT.
S 245.30 DISCRETIONARY DISCOVERY BY ORDER OF THE COURT.
  1.  THE  COURT  IN ITS DISCRETION MAY, UPON A SHOWING BY THE DEFENDANT
THAT THE REQUEST IS REASONABLE AND THAT THE DEFENDANT IS UNABLE  WITHOUT
UNDUE  HARDSHIP  TO  OBTAIN  THE  SUBSTANTIAL EQUIVALENT BY OTHER MEANS,
ORDER THE PROSECUTION, OR ANY INDIVIDUAL, AGENCY OR OTHER ENTITY SUBJECT
TO THE JURISDICTION OF THE COURT, TO MAKE AVAILABLE  FOR  DISCLOSURE  TO
THE  DEFENDANT  ANY MATERIAL OR INFORMATION WHICH POTENTIALLY RELATES TO
THE SUBJECT MATTER OF THE CASE OR IS OTHERWISE RELEVANT. A MOTION  UNDER
THIS  SECTION  MUST BE ON NOTICE TO ANY PERSON OR ENTITY AFFECTED BY THE
ORDER. THE COURT MAY, UPON REQUEST OF ANY PERSON OR ENTITY  AFFECTED  BY
THE  ORDER,  VACATE OR MODIFY THE ORDER IF COMPLIANCE WOULD BE UNREASON-
ABLE OR OPPRESSIVE.  THE COURT MAY PERMIT A PARTY SEEKING OR OPPOSING  A
DISCRETIONARY ORDER OF DISCOVERY UNDER THIS SECTION, OR ANOTHER AFFECTED
PERSON OR ENTITY, TO SUBMIT PAPERS OR TESTIFY EX PARTE OR IN CAMERA. ANY
SUCH PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY SHALL BE SEALED AND SHALL
CONSTITUTE A PART OF THE RECORD ON APPEAL.
  2.  UPON  MOTION  OF  A DEFENDANT AGAINST WHOM AN INDICTMENT, SUPERIOR
COURT INFORMATION, PROSECUTOR'S INFORMATION, INFORMATION, OR  SIMPLIFIED
INFORMATION  CHARGING  A MISDEMEANOR IS PENDING, THE COURT IN WHICH SUCH
ACCUSATORY INSTRUMENT IS PENDING:
  (A) MUST ORDER DISCOVERY AS TO ANY MATERIAL NOT DISCLOSED PURSUANT  TO
SECTION  245.20  OF  THIS  ARTICLE,  IF  IT  FINDS THAT THE PROSECUTOR'S
REFUSAL TO DISCLOSE SUCH MATERIAL IS NOT JUSTIFIED;
  (B) MUST, UNLESS IT IS SATISFIED THAT THE PEOPLE HAVE SHOWN GOOD CAUSE
WHY SUCH AN ORDER SHOULD NOT BE ISSUED, ORDER  DISCOVERY  OR  ANY  OTHER
ORDER  AUTHORIZED  BY  SECTION 245.85 OF THIS ARTICLE AS TO ANY MATERIAL
NOT DISCLOSED PURSUANT TO SECTION 245.20 OF THIS ARTICLE;
  (C) MAY ORDER DISCOVERY WITH RESPECT TO ANY OTHER PROPERTY, WHICH  THE
PEOPLE INTEND TO INTRODUCE AT THE TRIAL, UPON A SHOWING BY THE DEFENDANT
THAT DISCOVERY WITH RESPECT TO SUCH PROPERTY IS MATERIAL TO THE PREPARA-
TION OF HIS OR HER DEFENSE, AND THAT THE REQUEST IS REASONABLE;
  (D)  WHERE  PROPERTY  IN  THE PEOPLE'S POSSESSION, CUSTODY, OR CONTROL
THAT CONSISTS OF A DEOXYRIBONUCLEIC ACID ("DNA") PROFILE  OBTAINED  FROM
PROBATIVE  BIOLOGICAL  MATERIAL GATHERED IN CONNECTION WITH THE INVESTI-
GATION OR PROSECUTION OF THE DEFENDANT  AND  THE  DEFENDANT  ESTABLISHES
THAT SUCH PROFILE COMPLIES WITH FEDERAL BUREAU OF INVESTIGATION OR STATE
REQUIREMENTS,  WHICHEVER  ARE  APPLICABLE  AND  AS SUCH REQUIREMENTS ARE
APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING A KEYBOARD SEARCH OR SIMILAR
COMPARISON, AND THAT THE DATA MEETS STATE DNA INDEX SYSTEM  OR  NATIONAL
DNA  INDEX  SYSTEM CRITERIA AS SUCH CRITERIA ARE APPLIED TO LAW ENFORCE-
MENT AGENCIES SEEKING SUCH A KEYBOARD SEARCH OR SIMILAR COMPARISON,  THE
COURT  MAY  ORDER  AN  ENTITY  THAT HAS ACCESS TO THE COMBINED DNA INDEX
SYSTEM OR ITS SUCCESSOR SYSTEM TO COMPARE SUCH DNA PROFILE  AGAINST  DNA
DATABANKS  BY  KEYBOARD  SEARCHES,  OR  A  SIMILAR  METHOD THAT DOES NOT
INVOLVE UPLOADING, UPON NOTICE TO BOTH PARTIES AND THE  ENTITY  REQUIRED
TO  PERFORM  THE  SEARCH,  UPON  A  SHOWING BY THE DEFENDANT THAT SUCH A
COMPARISON IS MATERIAL TO THE PRESENTATION OF HIS  OR  HER  DEFENSE  AND
THAT  THE  REQUEST  IS  REASONABLE.  FOR  PURPOSES  OF THIS PARAGRAPH, A
"KEYBOARD SEARCH" SHALL MEAN A SEARCH OF A DNA PROFILE AGAINST THE DATA-
BANK IN WHICH THE PROFILE THAT IS SEARCHED IS NOT UPLOADED TO  OR  MAIN-
TAINED IN THE DATABANK; AND

A. 6907--A                          9

  (E)  MAY  ORDER THE DIVISION OF CRIMINAL JUSTICE SERVICES TO COMPARE A
FINGERPRINT OBTAINED IN CONNECTION WITH THE INVESTIGATION OR PROSECUTION
OF THE DEFENDANT AGAINST THE STATEWIDE AUTOMATED FINGERPRINT IDENTIFICA-
TION SYSTEM, OR ITS SUCCESSOR SYSTEM, AND THE NATIONAL INTEGRATED  AUTO-
MATED  FINGERPRINT  IDENTIFICATION SYSTEM, OR ITS SUCCESSOR SYSTEM, UPON
THE COURT'S DETERMINATION THAT SUCH FINGERPRINT  COMPLIES  WITH  FEDERAL
BUREAU  OF INVESTIGATION OR STATE REQUIREMENTS, WHICHEVER ARE APPLICABLE
AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING
SUCH A COMPARISON AND UPON A SHOWING BY THE DEFENDANT THAT SUCH  COMPAR-
ISON  IS MATERIAL TO THE PREPARATION OF HIS OR HER DEFENSE, AND THAT THE
REQUEST IS REASONABLE.
  UPON GRANTING THE MOTION PURSUANT TO PARAGRAPH (C)  OF  THIS  SUBDIVI-
SION,  THE  COURT  SHALL,  UPON  MOTION OF THE PEOPLE SHOWING SUCH TO BE
MATERIAL TO THE PREPARATION OF  THEIR  CASE  AND  THAT  THE  REQUEST  IS
REASONABLE,  CONDITION  ITS  ORDER  OF  DISCOVERY  BY  FURTHER DIRECTING
DISCOVERY BY THE PEOPLE OF PROPERTY, OF THE SAME KIND  OR  CHARACTER  AS
THAT  AUTHORIZED  TO  BE  INSPECTED  BY  THE  DEFENDANT, WHICH HE OR SHE
INTENDS TO INTRODUCE AT THE TRIAL.
S 245.35 DEPOSITIONS.
  1. AVAILABILITY; USE. AT ANY TIME AFTER THE FILING  OF  AN  ACCUSATORY
INSTRUMENT,  THE  COURT IN ITS DISCRETION MAY, UPON MOTION OF ANY PARTY,
ORDER THE EXAMINATION OF ANY PERSON EXCEPT THE DEFENDANT UPON ORAL DEPO-
SITION IF THE PARTY SHOWS THAT THE PERSON'S TESTIMONY IS MATERIAL TO THE
CASE OR NECESSARY ADEQUATELY TO PREPARE A DEFENSE, AND THAT  THE  PERSON
WILL  NOT  COOPERATE IN GRANTING A PERSONAL INTERVIEW. A PERSON'S STATE-
MENTS IN A DEPOSITION UNDER THIS  SECTION  MAY  BE  USED  IN  SUBSEQUENT
PROCEEDINGS IN THE SAME MANNER AS OTHER OUT-OF-COURT STATEMENTS.
  2. MOTION FOR TAKING DEPOSITION; NOTICE; SERVICE. A MOTION FOR DEPOSI-
TION  SHALL SPECIFY THE TIME AND PLACE FOR TAKING THE DEPOSITION AND THE
NAME AND ADDRESS OF EACH PERSON TO BE EXAMINED, TOGETHER WITH DESIGNATED
PAPERS, DOCUMENTS, TAPES OR OTHER ELECTRONIC RECORDINGS, PHOTOGRAPHS  OR
OTHER  TANGIBLE OBJECTS, NOT PRIVILEGED, TO BE PRODUCED AT THE SAME TIME
AND PLACE.  THE COURT MAY CHANGE SUCH TERMS AND SPECIFY  ANY  ADDITIONAL
CONDITIONS  GOVERNING  THE  CONDUCT  OF THE PROCEEDING. THE MOVING PARTY
SHALL PROVIDE NOTICE OF THE DEPOSITION IN THE  MANNER  PROVIDED  FOR  IN
CIVIL  ACTIONS  AND  SERVE  A SUBPOENA UPON THE DEPONENT, SPECIFYING THE
TERMS AND CONDITIONS SET FORTH IN THE COURT'S ORDER GRANTING THE DEPOSI-
TION, AND GIVE REASONABLE NOTICE OF THE DEPOSITION IN WRITING  TO  EVERY
OTHER PARTY.
  3.  MANNER  OF TAKING. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION OR
BY ORDER OF THE COURT, DEPOSITIONS SHALL BE TAKEN IN THE MANNER PROVIDED
IN CIVIL ACTIONS. WITH THE CONSENT OF THE PARTIES, THE COURT  MAY  ORDER
THAT  A  DEPOSITION  BE  TAKEN  ON WRITTEN INTERROGATORIES IN THE MANNER
PROVIDED IN CIVIL ACTIONS. ANY STATEMENTS, WRITTEN OR RECORDED OR SUMMA-
RIZED IN ANY WRITING OR RECORDING, OF THE WITNESS  BEING  DEPOSED  WHICH
ARE  IN  THE  POSSESSION,  CUSTODY OR CONTROL OF ANY PARTY SHALL BE MADE
AVAILABLE FOR EXAMINATION AND USE AT THE TAKING OF THE DEPOSITION TO ANY
PARTY.  THE DEPOSITION SHALL BE RECORDED  BY  AN  ELECTRONIC  RECORDING,
WHICH  MUST INCLUDE NOT ONLY AUDIO BUT ALSO VISUAL RECORDING, UNLESS THE
COURT ORDERS OTHERWISE, OR  THE  PARTIES  STIPULATE  THAT  IT  SHALL  BE
RECORDED  IN ANOTHER MANNER. IF A DEPOSITION IS RECORDED BY OTHER THAN A
CERTIFIED COURT REPORTER, THE PARTY TAKING THE DEPOSITION SHALL  PROVIDE
EVERY  OTHER  PARTY WITH A COPY OF THE RECORDING WITHIN FIFTEEN CALENDAR
DAYS AFTER THE TAKING OF THE DEPOSITION OR NOT LESS  THAN  TEN  CALENDAR
DAYS  BEFORE  TRIAL, WHICHEVER IS EARLIER. THE PARTIES MAY STIPULATE, OR
THE COURT MAY ORDER,  THAT  A  DEPOSITION  BE  TAKEN  BY  TELEPHONE  AND

A. 6907--A                         10

RECORDED.  ALL  PARTIES  AND COUNSEL SHALL HAVE A RIGHT TO BE PRESENT AT
THE DEPOSITION. A DEFENDANT SHALL NOT BE PHYSICALLY PRESENT AT A DEPOSI-
TION, EXCEPT ON STIPULATION OF THE PARTIES OR  BY  ORDER  OF  THE  COURT
BASED UPON A SHOWING OF GOOD CAUSE.
S 245.40 NON-TESTIMONIAL EVIDENCE FROM THE DEFENDANT.
  1.  AVAILABILITY.  AFTER  THE  FILING OF AN ACCUSATORY INSTRUMENT, AND
SUBJECT TO CONSTITUTIONAL LIMITATIONS, THE COURT MAY, UPON MOTION OF THE
PROSECUTION SHOWING PROBABLE CAUSE TO BELIEVE THE DEFENDANT HAS  COMMIT-
TED  THE  CRIME, A CLEAR INDICATION THAT RELEVANT MATERIAL EVIDENCE WILL
BE FOUND, AND THAT THE METHOD USED TO SECURE IT IS  SAFE  AND  RELIABLE,
REQUIRE A DEFENDANT TO PROVIDE NON-TESTIMONIAL EVIDENCE, INCLUDING TO:
  (A) APPEAR IN A LINEUP;
  (B) SPEAK FOR IDENTIFICATION BY A WITNESS OR POTENTIAL WITNESS;
  (C) BE FINGERPRINTED;
  (D) POSE FOR PHOTOGRAPHS NOT INVOLVING REENACTMENT OF AN EVENT;
  (E)  PERMIT  THE TAKING OF SAMPLES OF THE DEFENDANT'S BLOOD, HAIR, AND
OTHER MATERIALS OF THE DEFENDANT'S BODY THAT  INVOLVES  NO  UNREASONABLE
INTRUSION THEREOF;
  (F) PROVIDE SPECIMENS OF THE DEFENDANT'S HANDWRITING; AND
  (G)  SUBMIT  TO  A  REASONABLE  PHYSICAL  OR MEDICAL INSPECTION OF THE
DEFENDANT'S BODY.
  2. LIMITATIONS. THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR IN ANY
WAY AFFECT THE ISSUANCE OF A SIMILAR COURT ORDER, AS MAY  BE  AUTHORIZED
BY  LAW,  BEFORE THE FILING OF AN ACCUSATORY INSTRUMENT, CONSISTENT WITH
SUCH RIGHTS AS THE DEFENDANT MAY DERIVE FROM THE NEW  YORK  CONSTITUTION
OR  THE  UNITED STATES CONSTITUTION. THIS SECTION SHALL NOT BE CONSTRUED
TO ALTER OR IN ANY WAY AFFECT THE  ADMINISTRATION  OF  A  CHEMICAL  TEST
WHERE  OTHERWISE  AUTHORIZED.  AN  ORDER PURSUANT TO THIS SECTION MAY BE
DENIED, LIMITED OR CONDITIONED AS PROVIDED IN  SECTION  245.70  OF  THIS
ARTICLE.
S 245.45 PRESERVATION OF EVIDENCE.
  1.  APPARENTLY  MATERIAL WITNESS OR PHYSICAL EVIDENCE. (A) WHEN POLICE
OFFICERS OR OTHER LAW ENFORCEMENT PERSONNEL PARTICIPATE IN THE  INVESTI-
GATION OF AN APPARENT CRIMINAL INCIDENT, AND PROVIDED THAT IT IS PRACTI-
CABLE  UNDER  THE  CIRCUMSTANCES,  THEY  SHALL  REQUEST  AND MEMORIALIZE
CONTACT INFORMATION FOR AN APPARENTLY MATERIAL WITNESS OF WHOM THEY  ARE
AWARE, AND THEY SHALL GATHER OR MEMORIALIZE APPARENTLY MATERIAL PHYSICAL
EVIDENCE  OF  WHICH  THEY  ARE  AWARE,  WHENEVER THE WITNESS OR PHYSICAL
EVIDENCE APPEARS TO BE OF SUCH A NATURE AND POTENTIAL SIGNIFICANCE  THAT
AN ACCUSED MAY BE UNABLE TO OBTAIN OTHER EVIDENCE, POSSESSING A COMPARA-
BLE POTENTIAL TO MITIGATE OR NEGATE HIS OR HER GUILT WERE IT FOUND TO BE
EXCULPATORY,  BY  OTHER  REASONABLY AVAILABLE MEANS UNLESS THESE ACTIONS
ARE TAKEN TO PRESERVE THE AVAILABILITY OF THE WITNESS  OR  THE  PHYSICAL
EVIDENCE.  THIS SUBDIVISION DOES NOT, HOWEVER, REQUIRE THAT POLICE OFFI-
CERS  OR  OTHER  LAW  ENFORCEMENT  PERSONNEL  TAKE AND PRESERVE A SECOND
SAMPLE OF THE DEFENDANT'S BREATH FOR LATER TESTING BY THE  DEFENDANT  IN
CASES ARISING UNDER THE VEHICLE AND TRAFFIC LAW.
  (B)  IF  THE  PROSECUTION  IS  UNABLE TO DISCLOSE SUCH MATERIAL TO THE
DEFENDANT PURSUANT TO PARAGRAPH (R) OF SUBDIVISION ONE OF SECTION 245.20
OF THIS ARTICLE DUE TO A FAILURE  TO  COMPLY  WITH  THIS  OBLIGATION  BY
POLICE  OFFICERS  OR BY OTHER LAW ENFORCEMENT PERSONNEL, THE COURT, UPON
MOTION OF THE DEFENDANT SHOWING THAT THE WITNESS OR  EVIDENCE  HAS  BEEN
IRRETRIEVABLY  LOST AND THAT THE DEFENDANT CANNOT OBTAIN OTHER EVIDENCE,
POSSESSING A COMPARABLE POTENTIAL TO MITIGATE OR NEGATE HIS OR HER GUILT
WERE IT FOUND TO BE EXCULPATORY, BY OTHER  REASONABLY  AVAILABLE  MEANS,

A. 6907--A                         11

SHALL  IMPOSE  AN  APPROPRIATE  REMEDY  OR  SANCTION PURSUANT TO SECTION
245.85 OF THIS ARTICLE.
  2.  VIDEOTAPE  OF  INTERVIEW  AT  POLICE  STATION OR OTHER FACILITY OF
DETENTION. (A) NO ORAL, WRITTEN, OR SIGN LANGUAGE STATEMENT OF A SUSPECT
MADE DURING AN INTERVIEW AT  A  POLICE  STATION  OR  OTHER  FACILITY  OF
DETENTION  SHALL  BE  ADMISSIBLE  AS  SUBSTANTIVE  EVIDENCE AGAINST THAT
PERSON IN ANY CRIMINAL PROCEEDING UNLESS AN ELECTRONIC RECORDING,  WHICH
MUST  BE FOCUSED UPON BOTH THE QUESTIONER AND THE SUSPECT THROUGHOUT AND
MUST INCLUDE NOT ONLY AUDIO BUT ALSO VISUAL RECORDING, IS  MADE  OF  THE
COMPLETE  INTERVIEW. INTERVIEWING WITHIN THE MEANING OF THIS SUBDIVISION
DOES NOT INCLUDE ROUTINE PEDIGREE INQUIRY OR  STATEMENTS  MADE  IN  OPEN
COURT  OR  BEFORE A GRAND JURY. BRIEF PERIODS OF RECESS DURING WHICH ALL
INTERVIEWING CEASES DO NOT CONSTITUTE AN IMPERMISSIBLE  INTERRUPTION  OF
THE  COMPLETE  INTERVIEW, BUT THE STARTING TIME OF SUCH A RECESS AND THE
RESUMPTION TIME OF THE INTERVIEW SHALL BE MEMORIALIZED. THE  INTERVIEWER
NEED  NOT INFORM THE SUSPECT THAT AN ELECTRONIC RECORDING IS BEING MADE.
A SUSPECT'S REFUSAL TO PARTICIPATE IN AN INTERVIEW BECAUSE IT  IS  ELEC-
TRONICALLY  RECORDED,  IF THAT REFUSAL ITSELF IS ELECTRONICALLY RECORDED
AS PROVIDED HEREIN, SHALL RENDER THIS SUBDIVISION  INAPPLICABLE  TO  ALL
STATEMENTS MADE AFTER THE REFUSAL IF THE COURT FINDS BEYOND A REASONABLE
DOUBT  THAT  IT WAS VOLUNTARY AND UNEQUIVOCAL. LAW ENFORCEMENT PERSONNEL
SHALL NOT EXPRESSLY OR IMPLICITLY ENCOURAGE THE  SUSPECT  TO  GIVE  SUCH
CONDITIONAL  CONSENT  TO  AN  INTERVIEW IN LIEU OF A COMPLETELY RECORDED
INTERVIEW.
  (B) IF THE COURT FINDS, BY A PREPONDERANCE OF THE EVIDENCE,  THAT  THE
DEFENDANT  WAS  SUBJECTED TO EARLIER INTERVIEWING AT A POLICE STATION OR
OTHER FACILITY OF DETENTION IN VIOLATION OF THIS SUBDIVISION, THEN  UPON
DEFENSE REQUEST WHEN STATEMENTS MADE IN COMPLIANCE WITH THIS SUBDIVISION
ARE ADMITTED AT TRIAL AS EVIDENCE AGAINST THE DEFENDANT, THE COURT SHALL
GIVE  THE  FOLLOWING INSTRUCTION TO THE JURY AT THE TIME OF THEIR ADMIS-
SION AND AGAIN IN ITS FINAL INSTRUCTIONS ON THE LAW: "NEW YORK STATE LAW
REQUIRES THAT ALL INTERVIEWS OF A SUSPECT AT A POLICE STATION  OR  OTHER
FACILITY  OF  DETENTION  MUST  BE  RECORDED BY VIDEOTAPE OR OTHER VISUAL
RECORDING, BECAUSE THIS ENHANCES THE RELIABILITY OF  THE  PROCESS  UNDER
WHICH  THE  STATEMENTS  ARE  OBTAINED AND ALLOWS THE JURY TO MORE FAIRLY
ASSESS THE STATEMENTS. A JUDGE HAS  FOUND  IN  THIS  CASE  THAT  EARLIER
INTERVIEWING  OCCURRED  AT  THE  POLICE  STATION  OR  OTHER  FACILITY OF
DETENTION THAT WAS NOT RECORDED. BECAUSE OF THIS FAILURE TO COMPLY  WITH
THE  RULE  THAT  ALL SUCH INTERVIEWS MUST BE RECORDED, THE STATEMENTS BY
THE DEFENDANT THAT YOU HAVE SEEN SHOULD BE WEIGHED  WITH  GREAT  CAUTION
AND CARE."
  (C)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, AN ORAL,
WRITTEN, OR SIGN LANGUAGE STATEMENT OF  THE  DEFENDANT  MADE  DURING  AN
INTERVIEW AT A POLICE STATION OR OTHER FACILITY OF DETENTION IS ADMISSI-
BLE  AS  EVIDENCE AGAINST THE DEFENDANT IN A CRIMINAL PROCEEDING IN THIS
STATE IF THE STATEMENT WAS OBTAINED IN ANOTHER STATE IN COMPLIANCE  WITH
THE  LAWS OF THAT STATE, OR BY A FEDERAL LAW ENFORCEMENT OFFICER IN THIS
STATE OR ANOTHER STATE IN COMPLIANCE WITH THE LAWS OF THE UNITED STATES.
  3.  911  TELEPHONE  CALL  AND  POLICE  RADIO  TRANSMISSION  ELECTRONIC
RECORDINGS. (A) WHENEVER AN ELECTRONIC RECORDING OF A 911 TELEPHONE CALL
OR  A POLICE RADIO TRANSMISSION WAS MADE IN CONNECTION WITH THE INVESTI-
GATION OF AN APPARENT CRIMINAL INCIDENT, THE ARRESTING OFFICER  OR  LEAD
DETECTIVE SHALL EXPEDITIOUSLY NOTIFY THE PROSECUTION IN WRITING UPON THE
FILING  OF  AN  ACCUSATORY INSTRUMENT OF THE EXISTENCE OF ALL SUCH KNOWN
RECORDINGS. THE PROSECUTION SHALL EXPEDITIOUSLY TAKE WHATEVER REASONABLE
STEPS ARE NECESSARY TO ENSURE THAT ALL KNOWN  ELECTRONIC  RECORDINGS  OF

A. 6907--A                         12

911  TELEPHONE  CALLS  AND POLICE RADIO TRANSMISSIONS MADE IN CONNECTION
WITH THE CASE ARE PRESERVED THROUGHOUT THE PENDENCY OF  THE  CASE.  UPON
THE  DEFENDANT'S TIMELY REQUEST AND DESIGNATION OF A SPECIFIC ELECTRONIC
RECORDING  OF  A  911  TELEPHONE  CALL, THE PROSECUTION SHALL ALSO EXPE-
DITIOUSLY TAKE WHATEVER REASONABLE STEPS ARE NECESSARY TO ENSURE THAT IT
IS PRESERVED THROUGHOUT THE PENDENCY OF THE CASE.
  (B) IF THE PROSECUTION FAILS TO DISCLOSE SUCH AN ELECTRONIC  RECORDING
TO THE DEFENDANT PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION
245.20  OF  THIS ARTICLE DUE TO A FAILURE TO COMPLY WITH THIS OBLIGATION
BY POLICE OFFICERS OR OTHER LAW ENFORCEMENT  OR  PROSECUTION  PERSONNEL,
THE COURT UPON MOTION OF THE DEFENDANT SHALL IMPOSE AN APPROPRIATE REME-
DY OR SANCTION PURSUANT TO SECTION 245.85 OF THE ARTICLE.
S 245.50 CERTIFICATES OF COMPLIANCE.
  1. BY THE PROSECUTION. WHEN THE PROSECUTION HAS PROVIDED ALL DISCOVERY
REQUIRED  BY  SUBDIVISION  ONE  OF  SECTION 245.20 OF THIS ARTICLE OR BY
COURT ORDER, IT SHALL FILE WITH THE COURT AND SERVE UPON THE DEFENDANT A
CERTIFICATE OF COMPLIANCE. THE CERTIFICATE SHALL STATE THAT, TO THE BEST
OF THE PROSECUTOR'S KNOWLEDGE AND AFTER MAKING REASONABLE INQUIRIES  AND
EXERCISING DUE DILIGENCE, HE OR SHE HAS DISCLOSED AND MADE AVAILABLE ALL
MATERIAL  AND  INFORMATION SUBJECT TO DISCOVERY, AND SHALL IDENTIFY EACH
ITEM PROVIDED. IN ADDITION, THE CERTIFICATE SHALL  STATE  THAT,  TO  THE
BEST OF THE PROSECUTOR'S KNOWLEDGE AND AFTER MAKING REASONABLE INQUIRIES
AND EXERCISING DUE DILIGENCE:
  (A)  HE OR SHE HAS COMPLIED WITH THESE OBLIGATIONS WITH RESPECT TO ALL
MATERIAL AND INFORMATION IN THE CUSTODY OR CONTROL OF ALL  POLICE  OFFI-
CERS  AND OTHER PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR EVALU-
ATING THE CASE; AND
  (B) HE OR SHE HAS MADE REASONABLE INQUIRIES OF ALL POLICE OFFICERS AND
OTHER PERSONS WHO HAVE PARTICIPATED IN INVESTIGATING OR  EVALUATING  THE
CASE ABOUT THE EXISTENCE OF ANY EVIDENCE OR INFORMATION WITHIN PARAGRAPH
(J) OF SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE, INCLUDING SUCH
EVIDENCE  OR  INFORMATION  THAT  WAS NOT REDUCED TO WRITING OR OTHERWISE
MEMORIALIZED OR PRESERVED AS EVIDENCE, AND HAS DISCLOSED ANY SUCH INFOR-
MATION  TO  THE  DEFENDANT.  IF  ADDITIONAL  DISCOVERY  IS  SUBSEQUENTLY
PROVIDED  PURSUANT  TO  SECTION  245.60  OF THIS ARTICLE, A SUPPLEMENTAL
CERTIFICATE SHALL BE FILED WITH THE COURT AND SERVED UPON THE  DEFENDANT
IDENTIFYING THE ADDITIONAL MATERIAL AND INFORMATION PROVIDED.
  2.  BY  THE  DEFENDANT.  WHEN THE DEFENDANT HAS PROVIDED ALL DISCOVERY
REQUIRED BY SUBDIVISION THREE OF SECTION 245.20 OF THIS  ARTICLE  OR  BY
COURT  ORDER,  COUNSEL  FOR  THE DEFENDANT SHALL FILE WITH THE COURT AND
SERVE UPON THE PROSECUTION A CERTIFICATE OF COMPLIANCE. THE  CERTIFICATE
SHALL  STATE  THAT, TO THE BEST OF COUNSEL FOR THE DEFENDANT'S KNOWLEDGE
AND AFTER MAKING REASONABLE INQUIRIES AND EXERCISING DUE  DILIGENCE,  HE
OR  SHE  HAS  DISCLOSED  AND MADE AVAILABLE ALL MATERIAL AND INFORMATION
SUBJECT TO DISCOVERY, AND SHALL IDENTIFY EACH ITEM  PROVIDED.  IF  ADDI-
TIONAL  DISCOVERY IS SUBSEQUENTLY PROVIDED PURSUANT TO SECTION 245.60 OF
THIS ARTICLE, A SUPPLEMENTAL CERTIFICATE SHALL BE FILED WITH  THE  COURT
AND  SERVED UPON THE PROSECUTION IDENTIFYING THE ADDITIONAL MATERIAL AND
INFORMATION PROVIDED.
S 245.55 FLOW OF INFORMATION.
  1. SUFFICIENT  COMMUNICATION  FOR  COMPLIANCE.  THE  PROSECUTOR  SHALL
ENSURE  THAT  A FLOW OF INFORMATION IS MAINTAINED BETWEEN THE POLICE AND
OTHER INVESTIGATIVE PERSONNEL AND HIS OR HER OFFICE SUFFICIENT TO  PLACE
WITHIN  HIS  OR  HER  POSSESSION OR CONTROL ALL MATERIAL AND INFORMATION
PERTINENT TO THE DEFENDANT AND THE OFFENSE OR OFFENSES CHARGED,  INCLUD-
ING  ANY  EVIDENCE  OR INFORMATION WHICH TENDS TO NEGATE THE DEFENDANT'S

A. 6907--A                         13

GUILT OR TO  MITIGATE  THE  DEFENDANT'S  CULPABILITY  AS  TO  A  CHARGED
OFFENSE, OR WHICH TENDS TO SUPPORT A POTENTIAL DEFENSE THERETO, OR WHICH
TENDS  TO PROVIDE A BASIS FOR A MOTION TO SUPPRESS EVIDENCE ON CONSTITU-
TIONAL  GROUNDS,  OR  WHICH  WOULD  TEND TO REDUCE THE PUNISHMENT OF THE
DEFENDANT.
  2. PROVISION OF LAW ENFORCEMENT AGENCY  FILES.  UPON  REQUEST  BY  THE
PROSECUTION,  A  NEW YORK STATE LAW ENFORCEMENT AGENCY SHALL MAKE AVAIL-
ABLE TO THE PROSECUTION A COMPLETE COPY OF ITS COMPLETE FILES RELATED TO
THE INVESTIGATION OF THE CASE OR THE PROSECUTION OF  THE  DEFENDANT  FOR
COMPLIANCE WITH THIS ARTICLE.
S 245.60 CONTINUING DUTY TO DISCLOSE.
  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 AT THE TIME OF  A
PREVIOUS DISCOVERY OBLIGATION OR DISCOVERY ORDER, IT SHALL EXPEDITIOUSLY
NOTIFY  THE OTHER PARTY AND DISCLOSE THE ADDITIONAL MATERIAL OR INFORMA-
TION  AS  REQUIRED  FOR  INITIAL  DISCOVERY  UNDER  THIS  ARTICLE.  THIS
PROVISION  ALSO  REQUIRES  EXPEDITIOUS  DISCLOSURE BY THE PROSECUTION OF
MATERIAL OR INFORMATION THAT BECAME RELEVANT TO THE CASE OR DISCOVERABLE
BASED UPON RECIPROCAL DISCOVERY RECEIVED FROM THE DEFENDANT PURSUANT  TO
SUBDIVISION THREE OF SECTION 245.20 OF THIS ARTICLE.
S 245.65 WORK PRODUCT.
  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
AGENTS,  OR  OF STATEMENTS OF A DEFENDANT, WRITTEN OR RECORDED OR SUMMA-
RIZED IN ANY WRITING OR RECORDING, MADE TO THE ATTORNEY FOR THE  DEFEND-
ANT OR THE ATTORNEY'S AGENTS.
S 245.70 PROTECTIVE ORDERS.
  UPON  A  SHOWING  OF  GOOD CAUSE, THE COURT MAY AT ANY TIME ORDER THAT
DISCOVERY, DISCLOSURE OR INSPECTION BE DENIED,  RESTRICTED,  CONDITIONED
OR  DEFERRED, OR MAKE SUCH OTHER ORDER AS IS APPROPRIATE. THE COURT MAY,
FOR GOOD CAUSE SHOWN, GRANT DISCOVERY OR DISCLOSURE TO  A  DEFENDANT  ON
THE  CONDITION  THAT  THE  MATERIAL  OR  INFORMATION TO BE DISCOVERED OR
DISCLOSED BE AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT. THIS PROVISION
DOES NOT ALTER THE ALLOCATION OF THE BURDEN OF PROOF WITH REGARD TO  THE
MATTER AT ISSUE, INCLUDING PRIVILEGE. THE COURT MAY PERMIT A PARTY SEEK-
ING  OR  OPPOSING  A  PROTECTIVE  ORDER  UNDER  THIS SECTION, OR ANOTHER
AFFECTED PERSON, TO SUBMIT PAPERS OR TESTIFY EX PARTE OR IN CAMERA.  ANY
SUCH PAPERS AND A TRANSCRIPT OF SUCH TESTIMONY SHALL BE SEALED AND SHALL
CONSTITUTE A PART OF THE RECORD ON APPEAL.
S 245.75 AMENDMENT OF DISCOVERY ORDERS.
  UPON  MOTION  OF EITHER PARTY MADE SUBSEQUENT TO AN ORDER OF THE COURT
ISSUED PURSUANT TO THIS ARTICLE, THE COURT MAY ALTER OR AMEND THE PREVI-
OUS ORDER OR ORDERS AS THE INTERESTS OF JUSTICE MAY REQUIRE.  THE  COURT
MAY, FOR GOOD CAUSE SHOWN, AFFIRM A PRIOR ORDER ISSUED OR IMPOSED PURSU-
ANT  TO  THIS  ARTICLE  GRANTING DISCOVERY TO A DEFENDANT UPON THE ADDI-
TIONAL CONDITION THAT THE MATERIAL OR INFORMATION TO  BE  DISCOVERED  OR
DISCLOSED  BE AVAILABLE ONLY TO COUNSEL FOR THE DEFENDANT. THE COURT MAY
ALTER THE TIMES FOR  COMPLIANCE  WITH  ANY  DISCOVERY  ORDER  ISSUED  OR
IMPOSED PURSUANT TO THIS ARTICLE UPON A SHOWING OF GOOD CAUSE.
S 245.80 WAIVER OF DISCOVERY BY 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,

A. 6907--A                         14

PROSECUTOR'S INFORMATION, INFORMATION, OR SIMPLIFIED INFORMATION  CHARG-
ING  A  MISDEMEANOR,  OR  EXPEDITIOUSLY  THEREAFTER BUT BEFORE RECEIVING
DISCOVERY FROM THE PROSECUTION PURSUANT TO SUBDIVISION  ONE  OF  SECTION
245.20  OF THIS ARTICLE, AND THE DEFENDANT NEED NOT PROVIDE DISCOVERY TO
THE PROSECUTION PURSUANT TO SUBDIVISION  THREE  OF  SECTION  245.20  AND
SECTION  245.60 OF THIS ARTICLE. A WAIVER SHALL BE IN WRITING AND SIGNED
BY THE DEFENDANT OR COUNSEL FOR THE DEFENDANT. SUCH A  WAIVER  DOES  NOT
ALTER  OR  IN  ANY  WAY AFFECT THE PROCEDURES, OBLIGATIONS OR RIGHTS SET
FORTH IN SECTIONS 250.10, 250.20 AND 250.30 OF THIS TITLE, OR  OTHERWISE
ESTABLISHED OR REQUIRED BY LAW.
S 245.85 REMEDIES OR SANCTIONS FOR NONCOMPLIANCE.
  1.  AVAILABLE  REMEDIES  OR  SANCTIONS. FOR FAILURE TO COMPLY WITH ANY
DISCOVERY ORDER ISSUED OR IMPOSED 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,
INSTRUCT  THE  JURY  THAT IT MAY DRAW AN ADVERSE INFERENCE REGARDING THE
NONCOMPLIANCE, PRECLUDE OR STRIKE A WITNESS'S TESTIMONY OR A PORTION  OF
A  WITNESS'S  TESTIMONY,  ADMIT  OR  EXCLUDE EVIDENCE, ORDER A MISTRIAL,
ORDER THE DISMISSAL OF ALL OR SOME OF THE CHARGES, OR  MAKE  SUCH  OTHER
ORDER AS IT DEEMS JUST UNDER THE CIRCUMSTANCES; EXCEPT THAT ANY SANCTION
AGAINST  THE DEFENDANT SHALL COMPORT WITH THE DEFENDANT'S CONSTITUTIONAL
RIGHT TO PRESENT A DEFENSE, AND THE SANCTION  OF  PRECLUDING  A  DEFENSE
WITNESS  FROM  TESTIFYING  SHALL BE PERMISSIBLE ONLY UPON A FINDING THAT
THE DEFENDANT'S FAILURE TO COMPLY WITH THE DISCOVERY ORDER  WAS  WILLFUL
AND MOTIVATED BY A DESIRE TO OBTAIN A TACTICAL ADVANTAGE.
  2.  NEED  FOR  REMEDY OR SANCTION. (A) WHEN MATERIAL OR INFORMATION IS
DISCOVERABLE UNDER THIS ARTICLE, BUT IT CANNOT BE DISCLOSED  BECAUSE  IT
HAS BEEN LOST OR DESTROYED, THE COURT SHALL IMPOSE AN APPROPRIATE REMEDY
OR  SANCTION  WHENEVER  THE  PARTY ENTITLED TO DISCLOSURE SHOWS THAT THE
LOST OR DESTROYED MATERIAL MAY HAVE CONTAINED SOME INFORMATION  RELEVANT
TO  A CONTESTED ISSUE.  THE APPROPRIATE REMEDY OR SANCTION IS THAT WHICH
IS PROPORTIONATE TO THE POTENTIAL WAYS IN WHICH THE  LOST  OR  DESTROYED
MATERIAL  REASONABLY  COULD  HAVE  BEEN HELPFUL TO THE PARTY ENTITLED TO
DISCLOSURE.
  (B) WHEN MATERIAL OR INFORMATION IS DISCOVERABLE UNDER  THIS  ARTICLE,
BUT  IT  IS  DISCLOSED  BELATEDLY, THE COURT SHALL IMPOSE AN APPROPRIATE
REMEDY OR SANCTION WHENEVER THE PARTY ENTITLED TO DISCLOSURE SHOWS  THAT
IT WAS SIGNIFICANTLY PREJUDICED.
  3.  SANCTION  FOR NONDISCLOSURE OF STATEMENT OF TESTIFYING PROSECUTION
WITNESS. THE FAILURE OF THE PROSECUTOR OR ANY AGENT OF THE PROSECUTOR TO
DISCLOSE ANY WRITTEN OR RECORDED STATEMENT MADE BY A PROSECUTION WITNESS
WHICH RELATES TO THE SUBJECT MATTER OF THE WITNESS'S TESTIMONY SHALL NOT
CONSTITUTE GROUNDS FOR ANY COURT TO ORDER A NEW PRE-TRIAL HEARING OR SET
ASIDE  A  CONVICTION,  OR  REVERSE,  MODIFY  OR  VACATE  A  JUDGMENT  OF
CONVICTION, IN THE ABSENCE OF A SHOWING BY THE DEFENDANT THAT THERE IS A
REASONABLE POSSIBILITY THAT THE NON-DISCLOSURE MATERIALLY CONTRIBUTED TO
THE  RESULT  OF  THE  TRIAL OR OTHER PROCEEDING; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL AFFECT OR LIMIT ANY  RIGHT  THE  DEFENDANT
MAY  HAVE  TO  A  REOPENED  PRE-TRIAL  HEARING WHEN SUCH STATEMENTS WERE
DISCLOSED BEFORE THE CLOSE OF EVIDENCE AT TRIAL.
S 245.90 ADMISSIBILITY OF DISCOVERY.
  THE FACT THAT A PARTY HAS INDICATED DURING THE  DISCOVERY  PROCESS  AN
INTENTION  TO OFFER SPECIFIED EVIDENCE OR TO CALL A SPECIFIED WITNESS IS
NOT ADMISSIBLE IN EVIDENCE OR GROUNDS FOR ADVERSE COMMENT AT  A  HEARING
OR A TRIAL.

A. 6907--A                         15

  S  3. Section 65.20 of the criminal procedure law, as added by chapter
505 of the laws of 1985, subdivision 2 as added, the  opening  paragraph
of  subdivision  10 as amended and subdivisions 3, 4, 5, 6, 7, 8, 9, 10,
11, 12 and 13 as renumbered by chapter 548 of the laws of 2007, subdivi-
sion  7 and paragraph (k) of subdivision 10 as amended by chapter 320 of
the laws of 2006 and subdivisions 11 and 12 as amended by chapter 455 of
the laws of 1991, is amended to read as follows:
S 65.20 Closed-circuit television; procedure for application and grounds
            for determination.
  1. Prior to the commencement of a criminal proceeding;  other  than  a
grand  jury proceeding, either party may apply to the court for an order
declaring that a child witness is vulnerable.
  2. A child witness should be declared vulnerable when  the  court,  in
accordance  with the provisions of this section, determines by clear and
convincing evidence that the child witness would suffer  serious  mental
or  emotional  harm  that  would substantially impair the child witness'
ability to communicate with the finder of fact without the use of  live,
two-way closed-circuit television.
  3.  A  motion pursuant to subdivision one of this section must be made
in writing at least eight days before the commencement of trial or other
criminal proceeding upon reasonable notice to the other party  and  with
an opportunity to be heard.
  4.  The  motion  papers  must  state the basis for the motion and must
contain sworn allegations of fact which, if true, would support a deter-
mination by the court that the child witness is vulnerable. Such allega-
tions may be based upon the personal knowledge of the deponent  or  upon
information  and belief, provided that, in the latter event, the sources
of such information and the grounds for such belief are stated.
  5. The answering papers may admit or deny any of the alleged facts and
may, in addition, contain sworn allegations  of  fact  relevant  to  the
motion,  including  the rights of the defendant, the need to protect the
child witness and the integrity of the  truth-finding  function  of  the
trier of fact.
  6.  Unless  all  material  facts alleged in support of the motion made
pursuant to subdivision one of this  section  are  conceded,  the  court
shall,  in  addition  to examining the papers and hearing oral argument,
conduct an appropriate hearing for the purpose  of  making  findings  of
fact essential to the determination of the motion. Except as provided in
subdivision  [six]  SEVEN  of  this section, it may subpoena or call and
examine witnesses, who must either testify under oath or be permitted to
give unsworn testimony pursuant to subdivision two of section 60.20  and
must authorize the attorneys for the parties to do the same.
  7.  Notwithstanding  any other provision of law, the child witness who
is alleged to be vulnerable may not be  compelled  to  testify  at  such
hearing  or  to  submit to any psychological or psychiatric examination.
The failure of the child witness to testify at such hearing shall not be
a ground for denying a motion made pursuant to subdivision one  of  this
section.  Prior  statements  made  by  the child witness relating to any
allegations of conduct constituting an offense defined  in  article  one
hundred  thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of such law or to any allegation of  words  or  conduct
constituting  an  attempt  to prevent, impede or deter the child witness
from cooperating in the investigation  or  prosecution  of  the  offense
shall  be admissible at such hearing, provided, however, that a declara-
tion that a child witness is vulnerable may not  be  based  solely  upon
such prior statements.

A. 6907--A                         16

  8.  (a) Notwithstanding any of the provisions of article forty-five of
the civil practice law and rules, any physician, psychologist, nurse  or
social  worker  who has treated a child witness may testify at a hearing
conducted pursuant to subdivision five of this  section  concerning  the
treatment  of  such child witness as such treatment relates to the issue
presented at the hearing, provided that any otherwise applicable  statu-
tory  privileges concerning communications between the child witness and
such physician, psychologist, nurse or social worker in connection  with
such  treatment  shall  not  be  deemed  waived by such testimony alone,
except to the limited extent of permitting the court alone to examine in
camera reports, records or documents, if any, prepared  by  such  physi-
cian, psychologist, nurse or social worker. If upon such examination the
court  determines that such reports, records or documents, or any one or
portion thereof, contain information material and relevant to the  issue
of  whether  the  child witness is a vulnerable child witness, the court
shall disclose such information to both the attorney for  the  defendant
and the district attorney.
  (b)  At  any time after a motion has been made pursuant to subdivision
one of this section, upon the demand of the other party the moving party
must furnish the demanding party with a copy of  any  and  all  of  such
records,  reports  or  other  documents  in the possession of such other
party and must, in addition, supply the court with a copy  of  all  such
reports, records or other documents which are the subject of the demand.
At any time after a demand has been made pursuant to this paragraph, the
moving  party  may demand that property of the same kind or character in
possession of the party that originally made such demand be furnished to
the moving party and, if so furnished, be supplied, in addition, to  the
court.
  9.  (a) Prior to the commencement of the hearing conducted pursuant to
subdivision [five] SIX of this section,  the  district  attorney  shall,
subject  to  a protective order, comply with the provisions of PARAGRAPH
(C) OF subdivision one of section [240.45] 245.20  of  this  chapter  as
they  concern  any witness whom the district attorney intends to call at
the hearing and the child witness.
  (b) Before a defendant calls a witness at  such  hearing,  he  or  she
must,  subject  to  a  protective  order,  comply with the provisions of
subdivision [two] THREE of section [240.45] 245.20 of  this  chapter  as
they  concern  all  the  witnesses the defendant intends to call at such
hearing.
  10. The court may consider, in determining whether there  are  factors
which  would  cause  the  child  witness  to  suffer  serious  mental or
emotional harm, a finding that any one or more of the following  circum-
stances have been established by clear and convincing evidence:
  (a) The manner of the commission of the offense of which the defendant
is  accused was particularly heinous or was characterized by aggravating
circumstances.
  (b) The child witness is particularly young or otherwise  particularly
subject  to psychological harm on account of a physical or mental condi-
tion which existed before the alleged commission of the offense.
  (c) At the time of the alleged offense, the defendant occupied a posi-
tion of authority with respect to the child witness.
  (d) The offense or offenses charged were part of an ongoing course  of
conduct  committed  by  the  defendant against the child witness over an
extended period of time.
  (e) A deadly weapon or dangerous instrument was allegedly used  during
the commission of the crime.

A. 6907--A                         17

  (f) The defendant has inflicted serious physical injury upon the child
witness.
  (g)  A  threat,  express or implied, of physical violence to the child
witness or a third person if the child witness were to report the  inci-
dent  to  any  person  or communicate information to or cooperate with a
court, grand jury, prosecutor, police officer or peace officer  concern-
ing the incident has been made by or on behalf of the defendant.
  (h)  A threat, express or implied, of the incarceration of a parent or
guardian of the child witness, the removal of the child witness from the
family or the dissolution of the family of  the  child  witness  if  the
child  witness  were to report the incident to any person or communicate
information to or cooperate with a court, grand jury, prosecutor, police
officer or peace officer concerning the incident has been made by or  on
behalf of the defendant.
  (i)  A  witness  other than the child witness has received a threat of
physical violence directed at such witness or to a third person by or on
behalf of the defendant.
  (j) The defendant, at the time of the inquiry, (i) is  living  in  the
same  household  with  the  child  witness, (ii) has ready access to the
child witness or (iii) is providing substantial  financial  support  for
the child witness.
  (k)  The  child  witness  has previously been the victim of an offense
defined in article one hundred thirty of the  penal  law  or  incest  as
defined in section 255.25, 255.26 or 255.27 of such law.
  (l)  According to expert testimony, the child witness would be partic-
ularly [suceptible] SUSCEPTIBLE to psychological  harm  if  required  to
testify in open court or in the physical presence of the defendant.
  11.  Irrespective of whether a motion was made pursuant to subdivision
one of this section, the court, at the request of either party or on its
own motion, may decide that a child witness may be vulnerable  based  on
its own observations that a child witness who has been called to testify
at  a  criminal  proceeding is suffering severe mental or emotional harm
and therefore is physically or mentally unable to testify or to continue
to testify in open court or in the physical presence  of  the  defendant
and that the use of live, two-way closed-circuit television is necessary
to enable the child witness to testify. If the court so decides, it must
conduct  the  same  hearing  that subdivision [five] SIX of this section
requires when a motion is made  pursuant  to  subdivision  one  of  this
section,  and  it  must  make  findings of fact pursuant to subdivisions
[nine] TEN and [eleven] TWELVE of this section, before determining  that
the child witness is vulnerable.
  12. In deciding whether a child witness is vulnerable, the court shall
make  findings of fact which reflect the causal relationship between the
existence of any one or more of the factors  set  forth  in  subdivision
[nine]  TEN  of  this  section or other relevant factors which the court
finds are established and the determination that the  child  witness  is
vulnerable.  If the court is satisfied that the child witness is vulner-
able and that, under the facts and circumstances of the particular case,
the  defendant's  constitutional  rights  to  an  impartial  jury  or of
confrontation will not be impaired, it may enter an order  granting  the
application for the use of live, two-way closed-circuit television.
  13. When the court has determined that a child witness is a vulnerable
child  witness,  it  shall make a specific finding as to whether placing
the defendant and the child witness in the same room during the testimo-
ny of the child witness will contribute to the likelihood that the child
witness will suffer severe mental or emotional harm. If the court  finds

A. 6907--A                         18

that placing the defendant and the child witness in the same room during
the  testimony  of  the  child witness will contribute to the likelihood
that the child witness will suffer severe mental or emotional harm,  the
order  entered  pursuant  to subdivision [eleven] TWELVE of this section
shall direct that the defendant  remain  in  the  courtroom  during  the
testimony of the vulnerable child witness.
  S 4. Subdivision 5 of section 200.95 of the criminal procedure law, as
added by chapter 558 of the laws of 1982, is amended to read as follows:
  5.  Court  ordered bill of particulars.  Where a prosecutor has timely
served a written refusal pursuant to subdivision four  of  this  section
and upon motion, made in writing, of a defendant, who has made a request
for  a  bill of particulars and whose request has not been complied with
in whole or in part, the court must, to the extent a protective order is
not warranted, order the prosecutor to comply with the request if it  is
satisfied that the items of factual information requested are authorized
to  be  included  in a bill of particulars, and that such information is
necessary to enable the defendant adequately to prepare or  conduct  his
defense  and,  if  the request was untimely, a finding of good cause for
the delay. Where a prosecutor has not timely served  a  written  refusal
pursuant  to  subdivision four of this section the court must, unless it
is satisfied that the people have shown good cause  why  such  an  order
should  not be issued, issue an order requiring the prosecutor to comply
or providing for any other  order  authorized  by  [subdivision  one  of
section 240.70] SECTIONS 245.75 AND/OR 245.85 OF THIS PART.
  S  5. Paragraph (c) of subdivision 1 of section 255.10 of the criminal
procedure law, as added by chapter 763 of the laws of 1974,  is  amended
to read as follows:
  (c)  granting discovery pursuant to article [240] 245; or
  S  6.  Section 340.30 of the criminal procedure law is amended to read
as follows:
S 340.30  Pre-trial discovery and notices of defenses.
  The provisions of article two hundred [forty]  FORTY-FIVE,  concerning
pre-trial discovery by a defendant under indictment in a superior court,
and article two hundred fifty, concerning pre-trial notice to the people
by  a  defendant  under  indictment  in  a superior court who intends to
advance a trial defense of mental disease or defect or of  alibi,  apply
to a prosecution of an information in a local criminal court.
  S  7.  Subdivision 14 of section 400.27 of the criminal procedure law,
as added by chapter 1 of the  laws  of  1995,  is  amended  to  read  as
follows:
  14.  (a)  At a reasonable time prior to the sentencing proceeding or a
mental retardation hearing:
  [(i)] the prosecutor shall, unless previously disclosed and subject to
a protective order, make available to the defendant the  statements  and
information  specified  in subdivision one of section [240.45] 245.20 OF
THIS PART and make available for inspection, photographing,  copying  or
testing  the  property  specified in subdivision one of section [240.20;
and
  (ii) the defendant shall, unless previously disclosed and subject to a
protective order, make available to the prosecution the  statements  and
information  specified  in  subdivision  two  of section 240.45 and make
available for inspection, photographing, copying or testing, subject  to
constitutional  limitations,  the  reports, documents and other property
specified in subdivision one of section 240.30] 245.20 OF THIS PART.

A. 6907--A                         19

  (b) Where a party refuses to make disclosure pursuant to this section,
the provisions of [section 240.35, subdivision one of section 240.40 and
section 240.50] 245.70, 245.75 AND/OR 245.85 OF THIS PART shall apply.
  (c)  If,  after  complying  with  the provisions of this section or an
order pursuant thereto, a party finds either before or during a sentenc-
ing  proceeding  or  mental  retardation  hearing,  additional  material
subject to discovery or covered by court order, the party shall promptly
make disclosure or apply for a protective order.
  (d)  If  the court finds that a party has failed to comply with any of
the provisions of this section, the court may [enter] EMPLOY any of  the
[orders]  REMEDIES  OR SANCTIONS specified in subdivision one of section
[240.70] 245.85 OF THIS PART.
  S 8. Section 440.30 of the criminal procedure law is amended by adding
a new subdivision 1-b to read as follows:
  1-B. IN RESPONSE TO A MOTION UNDER THIS SECTION, THE COURT  MAY  ORDER
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  TO COMPARE A FINGERPRINT
OBTAINED IN CONNECTION WITH THE  INVESTIGATION  OR  PROSECUTION  OF  THE
DEFENDANT  AGAINST  THE  STATEWIDE  AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM, OR ITS SUCCESSOR SYSTEM, AND THE NATIONAL  INTEGRATED  AUTOMATED
FINGERPRINT  IDENTIFICATION  SYSTEM,  OR  ITS SUCCESSOR SYSTEM, UPON THE
COURT'S DETERMINATION THAT (A) SUCH FINGERPRINT  COMPLIES  WITH  FEDERAL
BUREAU  OF INVESTIGATION OR STATE REQUIREMENTS, WHICHEVER ARE APPLICABLE
AND AS SUCH REQUIREMENTS ARE APPLIED TO LAW ENFORCEMENT AGENCIES SEEKING
SUCH A COMPARISON AND (B) IF SUCH COMPARISON HAD BEEN CONDUCTED, AND  IF
THE  RESULTS HAD BEEN ADMITTED IN THE TRIAL RESULTING IN THE JUDGMENT, A
REASONABLE PROBABILITY EXISTS THAT THE  VERDICT  WOULD  HAVE  BEEN  MORE
FAVORABLE  TO THE DEFENDANT, OR IN A CASE INVOLVING A PLEA OF GUILTY, IF
THE RESULTS HAD BEEN AVAILABLE TO THE DEFENDANT PRIOR  TO  THE  PLEA,  A
REASONABLE  PROBABILITY  EXISTS  THAT  THE  CONVICTION  WOULD  NOT  HAVE
RESULTED.
  S 9. Section 460.80 of the penal law, as added by chapter 516  of  the
laws of 1986, is amended to read as follows:
S 460.80 Court ordered disclosure.
  Notwithstanding   the   provisions  of  article  two  hundred  [forty]
FORTY-FIVE of the criminal procedure  law,  when  forfeiture  is  sought
pursuant  to  section  460.30  of  this [chapter] ARTICLE, the court may
order discovery of any property not otherwise disclosed which is materi-
al and reasonably  necessary  for  preparation  by  the  defendant  with
respect to the forfeiture proceeding pursuant to such section. The court
may  issue  a protective order denying, limiting, conditioning, delaying
or regulating such discovery where a danger to the integrity of physical
evidence or a substantial risk of physical harm, intimidation,  economic
reprisal,  bribery  or  unjustified  annoyance  or  embarrassment to any
person or an adverse effect upon the legitimate needs  of  law  enforce-
ment,  including the protection of the confidentiality of informants, or
any other factor or set of  factors  outweighs  the  usefulness  of  the
discovery.
  S  10.  Subdivision  5 of section 480.10 of the penal law, as added by
chapter 655 of the laws of 1990, is amended to read as follows:
  5. In addition to information required to  be  disclosed  pursuant  to
article  two  hundred  [forty] FORTY-FIVE of the criminal procedure law,
when forfeiture is sought pursuant to this article,  and  following  the
defendant's arraignment on the special forfeiture information, the court
shall  order  discovery of any information not otherwise disclosed which
is material and reasonably necessary for preparation  by  the  defendant
with  respect  to a forfeiture proceeding brought pursuant to this arti-

A. 6907--A                         20

cle. Such material shall  include  those  portions  of  the  grand  jury
minutes  and  such other information which pertain solely to the special
forfeiture information and shall not include information which  pertains
to  the  criminal charges. Upon application of the prosecutor, the court
may issue a protective order pursuant to section [240.40] 245.70 of  the
criminal  procedure  law  with respect to any information required to be
disclosed pursuant to this subdivision.
  S 11. This act shall take effect on the ninetieth day after  it  shall
have become a law; provided, however, the amendments to section 65.20 of
the  criminal  procedure law made by section three of this act shall not
affect the repeal of such section and shall be  deemed  repealed  there-
with; and provided further that the amendments made to section 440.30 of
the  criminal procedure law made by section eight of this act shall take
effect on the same date and in the same manner as chapter 19 of the laws
of 2012, as amended by part A of chapter 55 of the laws of  2012,  takes
effect.