Legislation
SECTION 245.35
Court ordered procedures to facilitate compliance
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245
§ 245.35 Court ordered procedures to facilitate compliance.
To facilitate compliance with this article, and to reduce or
streamline litigation of any disputes about discovery, the court in its
discretion may issue an order:
1. Requiring that the prosecutor and counsel for the defendant
diligently confer to attempt to reach an accommodation as to any dispute
concerning discovery prior to seeking a ruling from the court;
2. Requiring a discovery compliance conference at a specified time
prior to trial between the prosecutor, counsel for all defendants, and
the court or its staff;
3. Requiring the prosecution to file an additional certificate of
compliance that states that the prosecutor and/or an appropriate named
agent 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 favorable evidence or information within
paragraph (k) 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 information to the defendant; and/or
4. Requiring other measures or proceedings designed to carry into
effect the goals of this article.
To facilitate compliance with this article, and to reduce or
streamline litigation of any disputes about discovery, the court in its
discretion may issue an order:
1. Requiring that the prosecutor and counsel for the defendant
diligently confer to attempt to reach an accommodation as to any dispute
concerning discovery prior to seeking a ruling from the court;
2. Requiring a discovery compliance conference at a specified time
prior to trial between the prosecutor, counsel for all defendants, and
the court or its staff;
3. Requiring the prosecution to file an additional certificate of
compliance that states that the prosecutor and/or an appropriate named
agent 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 favorable evidence or information within
paragraph (k) 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 information to the defendant; and/or
4. Requiring other measures or proceedings designed to carry into
effect the goals of this article.