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This entry was published on 2022-05-13
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SECTION 245.10
Timing of discovery
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245
§ 245.10 Timing of discovery.

1. (a) Subject to subparagraph (iv) of this paragraph, 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
the time periods specified in subparagraphs (i) and (ii) of this
paragraph, as applicable. 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 article; but the defendant shall
be notified in writing that information has not been disclosed under a
particular subdivision of such section, and the discoverable portions of
such materials shall be disclosed to the extent practicable. When the
discoverable materials, including video footage from body-worn cameras,
surveillance cameras, or dashboard cameras, are exceptionally voluminous
or, despite diligent, good faith efforts, are otherwise not in the
actual possession of the prosecution, the time period in this paragraph
may be stayed by up to an additional thirty calendar days without need
for a motion pursuant to subdivision two of section 245.70 of this
article.

(i) When a defendant is in custody during the pendency of the criminal
case, the prosecution shall perform its initial discovery obligations
within twenty calendar days after the defendant's arraignment on an
indictment, superior court information, prosecutor's information,
information, simplified information, misdemeanor complaint or felony
complaint.

(ii) When the defendant is not in custody during the pendency of the
criminal case, the prosecution shall perform its initial discovery
obligations within thirty-five calendar days after the defendant's
arraignment on an indictment, superior court information, prosecutor's
information, information, simplified information, misdemeanor complaint
or felony complaint.

(iii) Notwithstanding the previous provisions of this section, the
prosecutor's obligations shall not apply to a simplified information
charging a traffic infraction under the vehicle and traffic law, or to
an information charging one or more petty offenses as defined by the
municipal code of a village, town, city, or county, that do not carry a
statutorily authorized sentence of imprisonment, and where the defendant
stands charged before the court with no crime or offense, provided
however that nothing in this subparagraph shall prevent a defendant from
filing a motion for disclosure of such items and information under
subdivision one of section 245.20 of this article. The court shall, at
the first appearance, advise the defendant of their right to file a
motion for discovery.

(iv)(A) 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 article; but the defendant shall be notified in writing
that information has not been disclosed under a particular subdivision
of such section, and the discoverable portions of such materials shall
be disclosed to the extent practicable. Information related to or
evidencing the identity of a 911 caller, the victim or witness of an
offense defined under article one hundred thirty or sections 230.34 and
230.34-a of the penal law, or any other victim or witness of a crime
where the defendant has substantiated affiliation with a criminal
enterprise as defined in subdivision three of section 460.10 of the
penal law may be withheld, provided, however, the defendant may move the
court for disclosure.

(B) When the discoverable materials are exceptionally voluminous or,
despite diligent, good faith efforts, are otherwise not in the actual
possession of the prosecution, the time period in this paragraph may be
extended pursuant to a motion pursuant to subdivision two of section
245.70 of this article. For purposes of this article, voluminous
materials may include, but are not limited to, video footage from body
worn cameras, surveillance cameras or dashboard cameras.

(b) The prosecution shall perform its supplemental discovery
obligations under subdivision three of section 245.20 of this article as
soon as practicable but not later than fifteen calendar days prior to
the first scheduled trial date.

(c) The prosecution shall disclose statements of the defendant as
described in 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 part.

2. Defendant's performance of obligations. The defendant shall perform
his or her discovery obligations under subdivision four 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
article; but the prosecution must be notified in writing that
information has not been disclosed under a particular section.