S T A T E   O F   N E W   Y O R K
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                                  2973

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the criminal procedure law, in relation to discovery
  procedure and requirements and to  repeal  subdivision  1  of  section
  240.10, section 240.45 and section 240.80 of such law relating thereto

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

  Section 1.  Subdivision 9 of section 65.20 of the  criminal  procedure
law, as added by chapter 505 of the laws of 1985 and renumbered by chap-
ter 548 of the laws of 2007, is amended to read as follows:
  9.  (a) Prior to the commencement of the hearing conducted pursuant to
subdivision five of this section, the district attorney  shall,  subject
to  a  protective order, comply with the provisions of subdivision [one]
TWO of section [240.45] 240.20 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 of section [240.45]  240.30  of  this  chapter  as  they
concern all the witnesses the defendant intends to call at such hearing.
  S 2.  Subdivision 1 of section 240.10 of the criminal procedure law is
REPEALED  and  subdivisions  2, 3 and 4 are renumbered subdivisions 1, 2
and 3.
  S 3. The criminal procedure law is amended by  adding  a  new  section
240.15 to read as follows:
S 240.15 DISCOVERY BY DEFENDANT OF ARREST AND COMPLAINT REPORTS.
  UPON  ARRAIGNMENT, THE PROSECUTOR SHALL, SUBJECT TO A PROTECTIVE ORDER
PURSUANT TO SECTION 240.50 OF THIS ARTICLE, PROVIDE THE DEFENDANT WITH A
COPY OF ANY LAW ENFORCEMENT REPORT DESCRIBING THE ARREST AND  PROCESSING
OF  THE  DEFENDANT  AND  ANY  OFFICIAL LAW ENFORCEMENT REPORT BY WHICH A
CRIME IS REPORTED TO THE POLICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02952-01-5
              

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  S 4. The section heading and the opening paragraph of subdivision 1 of
section 240.20 of the criminal procedure law,  the  section  heading  as
added  by  chapter  412 of the laws of 1979 and the opening paragraph of
subdivision 1 as amended by chapter 317 of the laws of 1983, are amended
to read as follows:
  Discovery[; upon demand of] TO THE defendant.
  Except  to  the  extent  protected  by  court order, [upon a demand to
produce by a defendant against whom] WITHIN FIFTEEN DAYS AFTER  ARRAIGN-
MENT ON an indictment, superior court information, prosecutor's informa-
tion,  information, or simplified information charging a misdemeanor [is
pending], the prosecutor shall disclose to the defendant and make avail-
able for inspection, photographing, copying or  testing,  the  following
property:
  S  5. Paragraph (h) of subdivision 1 of section 240.20 of the criminal
procedure law, as added by chapter 412 of the laws of 1979 and as relet-
tered by chapter 795 of the laws of 1984, is amended to read as follows:
  (h) [Anything] ANY  OTHER  PROPERTY  OR  INFORMATION  required  to  be
disclosed,  prior to trial, to the defendant by the prosecutor, pursuant
to the constitution of this state or of the United States.
  S 6. Subdivision 1 of section 240.20 of the criminal procedure law  is
amended  by  adding four new paragraphs (l), (m), (n) and (o) to read as
follows:
  (L) A SCIENTIFIC REPORT OR TESTS WHICH TEND TO NEGATE THE GUILT OF THE
DEFENDANT.
  (M) INFORMATION ABOUT  A  LINE-UP,  SHOW-UP  OR  OTHER  IDENTIFICATION
PROCEDURE  OR FROM A WITNESS WHICH INDICATES THAT SOMEONE OTHER THAN THE
DEFENDANT COMMITTED THE CRIME.
  (N) INFORMATION ABOUT  A  LINE-UP,  SHOW-UP  OR  OTHER  IDENTIFICATION
PROCEDURE AT WHICH AN EYEWITNESS FAILED TO IDENTIFY THE DEFENDANT AS THE
PERPETRATOR OF THE CRIME.
  (O)  REPORTS  OR  INTERVIEWS  OF  ANY KIND INDICATING THAT A PERSON OR
PERSONS OTHER THAN THE DEFENDANT COMMITTED THE CRIME.
  S 7. Subdivision 2 of section 240.20 of the criminal procedure law  is
renumbered subdivision 4 and three new subdivisions 2, 3 and 5 are added
to read as follows:
  2.  WITHIN  FIFTEEN DAYS OF ARRAIGNMENT, THE PROSECUTOR SHALL, SUBJECT
TO A PROTECTIVE ORDER, MAKE AVAILABLE TO THE DEFENDANT:
  (A) ANY WRITTEN OR RECORDED STATEMENT, INCLUDING ANY TESTIMONY  BEFORE
A GRAND JURY AND AN EXAMINATION VIDEOTAPED PURSUANT TO SECTION 190.32 OF
THIS  CHAPTER, MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO CALL AS A
WITNESS AT TRIAL, AND  WHICH  RELATES  TO  THE  SUBJECT  MATTER  OF  THE
WITNESS'S TESTIMONY.
  (B)  A RECORD OF JUDGMENT OF CONVICTION OF A WITNESS THE PEOPLE INTEND
TO CALL AT TRIAL IF THE RECORD OF CONVICTION IS KNOWN BY THE  PROSECUTOR
TO EXIST.
  (C) THE EXISTENCE OF ANY PENDING CRIMINAL ACTION AGAINST A WITNESS THE
PEOPLE  INTEND TO CALL AT TRIAL, IF THE PENDING CRIMINAL ACTION IS KNOWN
BY THE PROSECUTOR TO EXIST.
  (D) ANY PROMISES OR THREATS TO, OR  AGREEMENTS  WITH,  A  WITNESS  THE
PROSECUTION  INTENDS TO CALL AT TRIAL, IF SUCH PROMISE, THREAT OR AGREE-
MENT IS RELATED TO THE WITNESS'S TESTIMONY AND IS KNOWN  BY  THE  PROSE-
CUTION.
  (E)  THE NAME, ADDRESS AND QUALIFICATIONS OF ANY EXPERT, OTHER THAN AN
EXPERT GOVERNED BY SECTION 250.10 OF THIS TITLE, THE  PEOPLE  INTEND  TO
CALL  AS A WITNESS AT TRIAL, AS WELL AS A WRITTEN REPORT BY THAT WITNESS
SETTING FORTH IN REASONABLE DETAIL  THE  SUBJECT  MATTER  ON  WHICH  THE

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EXPERT  IS  EXPECTED  TO  TESTIFY  INCLUDING  THE  WITNESS'S OPINION AND
CONCLUSIONS, IF ANY, AS WELL AS THE BASIS FOR THOSE OPINIONS AND CONCLU-
SIONS.
  THE PROVISIONS OF PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION SHALL NOT
BE  CONSTRUED  TO  REQUIRE  THE  PROSECUTOR  TO FINGERPRINT A WITNESS OR
OTHERWISE CAUSE THE DIVISION OF CRIMINAL JUSTICE SERVICES OR  OTHER  LAW
ENFORCEMENT AGENCY OR COURT TO ISSUE A REPORT CONCERNING A WITNESS.
  3. IF AFTER COMPLYING WITH THE PROVISIONS OF THIS SECTION, ANY PROPER-
TY  OR  INFORMATION  WHICH  IS  REQUIRED  TO BE DISCLOSED COMES INTO THE
POSSESSION OF THE PROSECUTION,  THE  PROSECUTION  SHALL,  SUBJECT  TO  A
PROTECTIVE ORDER, PROMPTLY DISCLOSE SUCH PROPERTY OR INFORMATION.
  5.  AT THE COMMENCEMENT OF JURY SELECTION OR IN THE CASE OF A NON-JURY
TRIAL, BEFORE SUBMISSION OF EVIDENCE, THE PROSECUTOR SHALL, SUBJECT TO A
PROTECTIVE ORDER, MAKE AVAILABLE TO THE DEFENSE ANY WRITTEN OR  RECORDED
STATEMENT  MADE BY A PERSON WHOM THE PROSECUTOR INTENDS TO CALL AT TRIAL
AND WHICH RELATES TO THE SUBJECT  MATTER  OF  THE  WITNESS'S  TESTIMONY,
INCLUDING UNREDACTED STATEMENTS PREVIOUSLY DISCLOSED IN REDACTED FORM.
  S 8. Subdivision 4 of section 240.20 of the criminal procedure law, as
added by chapter 412 of the laws of 1979 and renumbered by section seven
of this act, is amended to read as follows:
  4.  The  prosecutor shall make a diligent, good faith effort to ascer-
tain the existence of [demanded] ANY property SUBJECT TO  DISCOVERY  and
to  cause  such  property  to  be  made available for discovery where it
exists but  is  not  within  the  prosecutor's  possession,  custody  or
control;  provided,  that the prosecutor shall not be required to obtain
by subpoena duces tecum [demanded]  material  which  the  defendant  may
thereby obtain.
  S 9. Section 240.30 of the criminal procedure law, as added by chapter
412  of the laws of 1979, subdivision 1 as amended by chapter 558 of the
laws of 1982 and the opening paragraph of subdivision 1  as  amended  by
chapter 317 of the laws of 1983, is amended to read as follows:
S 240.30  Discovery[; upon demand of] TO THE prosecutor.
  1.  Except  to  the extent protected by court order, upon [a demand to
produce] DISCLOSURE by the prosecutor PURSUANT TO SECTION 240.20 OF THIS
ARTICLE, a defendant against whom an indictment, superior court informa-
tion, prosecutor's information, information, or  simplified  information
charging  a misdemeanor is pending shall disclose and make available for
inspection, photographing, copying or testing, subject to constitutional
limitations:
  (a) any written report or document, or portion thereof,  concerning  a
physical  or  mental  examination,  or  scientific  test, experiment, or
comparisons, made by or at the request or direction of,  the  defendant,
if  the defendant intends to introduce such report or document at trial,
or  if the defendant has filed a notice of intent to proffer psychiatric
evidence and such report or document relates thereto, or if such  report
or  document  was made by a person, other than defendant, whom defendant
intends to call as a witness at trial; and
  (b) any photograph, drawing, tape or other electronic recording  which
the defendant intends to introduce at trial.
  2. AT THE COMMENCEMENT OF JURY SELECTION, THE DEFENDANT SHALL, SUBJECT
TO  A PROTECTIVE ORDER, MAKE AVAILABLE TO THE PROSECUTOR:  (A) ANY WRIT-
TEN OR RECORDED STATEMENT MADE BY A PERSON OTHER THAN THE DEFENDANT WHOM
THE DEFENDANT INTENDS TO CALL AS A  WITNESS  AT  THE  TRIAL,  AND  WHICH
RELATES  TO  THE  SUBJECT  MATTER  OF THE WITNESS'S TESTIMONY, INCLUDING
UNREDACTED STATEMENTS PREVIOUSLY DISCLOSED IN A REDACTED FORM;

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  (B) A RECORD OF JUDGMENT OF CONVICTION OF A WITNESS,  OTHER  THAN  THE
DEFENDANT,  THE  DEFENDANT  INTENDS  TO  CALL  AT TRIAL IF THE RECORD OF
CONVICTION IS KNOWN BY THE DEFENDANT TO EXIST;
  (C)  THE  EXISTENCE  OF ANY PENDING CRIMINAL ACTION AGAINST A WITNESS,
OTHER THAN THE DEFENDANT, THE DEFENDANT INTENDS TO CALL AT TRIAL, IF THE
PENDING CRIMINAL ACTION IS KNOWN BY THE DEFENDANT TO EXIST;
  (D) ANY PROMISES OR THREATS TO, OR  AGREEMENTS  WITH,  A  WITNESS  THE
DEFENSE  INTENDS  TO CALL AT TRIAL, IF SUCH PROMISE, THREAT OR AGREEMENT
IS RELATED TO THE WITNESS'S TESTIMONY AND IS KNOWN BY THE CALLING PARTY;
AND
  (E) THE NAME, ADDRESS, AND QUALIFICATIONS OF ANY EXPERT, OTHER THAN AN
EXPERT GOVERNED BY SECTION 250.10 OF THIS TITLE, THE DEFENSE INTENDS  TO
CALL  AS A WITNESS AT TRIAL, AS WELL AS A WRITTEN REPORT BY THAT WITNESS
SETTING FORTH IN REASONABLE DETAIL  THE  SUBJECT  MATTER  ON  WHICH  THE
EXPERT  IS  EXPECTED  TO  TESTIFY  INCLUDING  THE  WITNESS'S OPINION AND
CONCLUSIONS, IF ANY, AS WELL AS THE BASIS FOR THOSE OPINIONS AND CONCLU-
SIONS.
  3. The defense shall make a diligent good faith effort  to  make  such
property available for discovery where it exists but the property is not
within  its possession, custody or control, provided, that the defendant
shall not be required to obtain by subpoena duces tecum [demanded] mate-
rial that the prosecutor may thereby obtain.
  S 10. Section 240.35 of the criminal procedure law, as added by  chap-
ter 412 of the laws of 1979, is amended to read as follows:
S 240.35  Discovery; refusal [of demand] TO DISCLOSE.
  Notwithstanding  the  provisions of sections 240.20 and 240.30 OF THIS
ARTICLE, the prosecutor or the defendant, as the case may be, may refuse
to disclose  any  information  FOR  which  [he]  THAT  PARTY  reasonably
believes  [is  not  discoverable  by  a  demand  to produce, pursuant to
section 240.20 or section 240.30 as the case may be,  or  for  which  he
reasonably  believes]  a  protective  order  would  be warranted.   Such
refusal shall be made in a writing, which shall set forth the grounds of
such belief as fully as possible, consistent with the objective  of  the
refusal.    The writing shall be served upon the [demanding] OTHER party
and a copy shall be filed with the court.
  S 11. Section 240.40 of the criminal procedure law, as added by  chap-
ter  412  of the laws of 1979, subdivision 1 as amended by chapter 19 of
the laws of 2012, the opening paragraph of subdivision 2 as  amended  by
chapter 317 of the laws of 1983 and the closing paragraph of subdivision
2  as  amended by chapter 481 of the laws of 1983, is amended to read as
follows:
S 240.40 Discovery; upon court order.
  1. 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 [upon a
demand] pursuant to section 240.20 OF THIS ARTICLE,  if  it  finds  that
[the  prosecutor's refusal to disclose such material is not justified] A
PROTECTIVE ORDER SHOULD NOT BE ISSUED; (b) must, unless it is  satisfied
that  the people have shown good cause why such an order should [not] be
issued, order discovery or ISSUE any other order authorized by  subdivi-
sion  one  of  section  240.70  OF  THIS  ARTICLE as to any material not
disclosed [upon demand] pursuant to section 240.20 OF THIS ARTICLE where
the prosecutor has failed to serve a timely written refusal pursuant  to
section  240.35  OF  THIS  ARTICLE;  (c) [may] MUST order discovery with

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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 preparation of his or  her  defense,
and  that  the  request  is  reasonable];  and (d) where property in the
people's possession, custody, or control that consists of a deoxyribonu-
cleic acid ("DNA") profile obtained from probative  biological  material
gathered  in  connection  with  the  investigation 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 agen-
cies 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 enforcement  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  databank  in  which  the  profile  that is searched is not
uploaded to or maintained in the  databank.  Upon  granting  the  motion
pursuant  to  paragraph  (c)  of this subdivision, 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.
  2. Upon motion of the prosecutor, and subject to constitutional  limi-
tation,  the  court  in which an indictment, superior court information,
prosecutor's information, information, or simplified information  charg-
ing a misdemeanor is pending:  (a)  must order discovery as to any prop-
erty  not  disclosed  [upon a demand] pursuant to section 240.30 OF THIS
ARTICLE, if it finds that the defendant's refusal to disclose such mate-
rial is not justified; and (b)  may order the defendant to provide  non-
testimonial  evidence.   Such order may, among other things, require the
defendant to:
  (i)  Appear in a line-up;
  (ii) Speak for identification by witness or potential witness;
  (iii)  Be fingerprinted;
  (iv)  Pose for photographs not involving reenactment of an event;
  (v)  Permit the taking of samples of blood, hair  or  other  materials
from his OR HER body in a manner not involving an unreasonable intrusion
thereof or a risk of serious physical injury thereto;
  (vi)  Provide specimens of his OR HER handwriting;
  (vii)  Submit to a reasonable physical or medical inspection of his OR
HER body.
  This subdivision shall not be construed to limit, expand, or otherwise
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 constitution of this state
or of the United States. This section shall not be construed to limit or
otherwise affect the [adminstration] ADMINISTRATION of a  chemical  test
where otherwise authorized pursuant to section [one thousand one] ELEVEN
hundred ninety-four-a of the vehicle and traffic law.

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  3.  An order pursuant to this section may be denied, limited or condi-
tioned  as provided in section 240.50 OF THIS ARTICLE, OTHERWISE AUTHOR-
IZED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THE  VEHICLE  AND
TRAFFIC LAW.
  S 12. Section 240.45 of the criminal procedure law is REPEALED.
  S  13.  Section  240.50  of  the  criminal procedure law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. THE COURT IN WHICH THE  CRIMINAL  ACTION  IS  PENDING  MAY,  UPON
MOTION OF EITHER PARTY FOR AN ORDER TO REDACT THE NAME AND/OR ADDRESS OF
A  WITNESS,  ISSUE A PROTECTIVE ORDER DENYING, LIMITING, CONDITIONING OR
REGULATING DISCOVERY OF THE NAME AND/OR ADDRESS OF A WITNESS PURSUANT TO
THIS ARTICLE FOR GOOD CAUSE,  INCLUDING  SUBSTANTIAL  RISK  OF  PHYSICAL
HARM,  INTIMIDATION,  UNJUSTIFIED  ANNOYANCE  OR  EMBARRASSMENT  TO  THE
WITNESS OR AN ADVERSE EFFECT UPON THE LEGITIMATE NEEDS OF  LAW  ENFORCE-
MENT INCLUDING THE PROTECTION OF THE CONFIDENTIALITY OF INFORMANTS.
  S  14. Section 240.60 of the criminal procedure law, as added by chap-
ter 412 of the laws of 1979, is amended to read as follows:
S 240.60  Discovery; continuing duty to disclose.
  If, after complying with the provisions of this article  or  an  order
pursuant  thereto,  a  party finds, either before or during trial, addi-
tional material subject to discovery or covered by such order, [he] THAT
PARTY shall promptly comply with  the  [demand  or]  order,  [refuse  to
comply  with  the  demand  where  refusal is authorized,] or apply for a
protective order.
  S 15. Subdivision 1 of section 240.70 of the criminal  procedure  law,
as  added  by  chapter  412  of  the laws of 1979, is amended to read as
follows:
  1.  If, during the course of discovery proceedings,  the  court  finds
that  a  party  has  failed to comply with any of the provisions of this
article, the court may order such party to permit discovery of the prop-
erty not previously disclosed, grant a continuance, issue  a  protective
order,  prohibit  the introduction of certain evidence or the calling of
certain witnesses, GIVE AN ADVERSE INFERENCE INSTRUCTION TO THE TRIER OF
FACT or take any other appropriate action.
  S 16. Section 240.75 of the criminal procedure law, as added by  chap-
ter 1 of the laws of 2000, is amended to read as follows:
S 240.75 Discovery; certain violations.
  The  failure  of  the  prosecutor  or  any  agent of the prosecutor to
disclose statements that are required to be disclosed under  subdivision
one  of  section  240.44 [or paragraph (a) of subdivision one of section
240.45] of this article 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-dis-
closure  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 re-opened pre-trial hear-
ing when such statements were disclosed before the close of evidence  at
trial.
  S 17. Section 240.80 of the criminal procedure law is REPEALED.
  S  18.  Subdivision 2 of section 240.90 of the criminal procedure law,
as added by chapter 412 of the laws of  1979,  is  amended  to  read  as
follows:
  2.   [A] WITHIN FIFTEEN DAYS AFTER THE PROSECUTOR HAS DISCLOSED TO THE
DEFENDANT PROPERTY DESCRIBED IN SECTION 240.20 OF THIS ARTICLE, A motion
by a defendant for discovery shall be made as  OTHERWISE  prescribed  in

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section  255.20  of  this [chapter] TITLE.   SUCH MOTION MUST STATE THAT
EACH ITEM OF PROPERTY SOUGHT HAS NOT PREVIOUSLY BEEN  DISCLOSED  TO  THE
DEFENDANT.
  S 19.  Paragraph (a) of subdivision 14 of section 400.27 of the crimi-
nal procedure law, as added by chapter 1 of the laws of 1995, is amended
to read as follows:
  (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]  TWO  of section [240.45]
240.20 OF THIS CHAPTER and make available for inspection, photographing,
copying or testing the property specified in subdivision one of  section
240.20 OF THIS CHAPTER; 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]  240.30  OF
THIS  CHAPTER  and make available for inspection, photographing, copying
or testing, subject to constitutional limitations,  the  reports,  docu-
ments  and other property specified in subdivision one of section 240.30
OF THIS CHAPTER.
  S 20. Subdivision 2 of section 710.30 of the criminal  procedure  law,
as  separately  amended  by  chapters  8 and 194 of the laws of 1976, is
amended to read as follows:
  2.  Such notice must be served  within  [fifteen]  THIRTY  days  after
arraignment  and  before trial, and upon such service the defendant must
be accorded reasonable opportunity to move  before  trial,  pursuant  to
subdivision one of section 710.40 OF THIS ARTICLE, to suppress the spec-
ified evidence.  For good cause shown, however, the court may permit the
people  to serve such notice, thereafter and in such case it must accord
the defendant reasonable opportunity thereafter to  make  a  suppression
motion.
  S  21.    This  act  shall  take  effect  on the first of January next
succeeding the date on which it shall have become a law,  provided  that
the  amendment  to subdivision 9 of section 65.20 of the criminal proce-
dure law, made by section one of this act, shall not affect the  expira-
tion  and repeal of such section and shall expire and be deemed repealed
therewith.