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This entry was published on 2020-01-10
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SECTION 245.55
Flow of information
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245
§ 245.55 Flow of information.

1. Sufficient communication for compliance. The district attorney and
the assistant responsible for the case, or, if the matter is not being
prosecuted by the district attorney, the prosecuting agency and its
assigned representative, shall endeavor to 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, including, but not
limited to, any evidence or information discoverable under paragraph (k)
of subdivision one of section 245.20 of this article.

2. Provision of law enforcement agency files. Absent a court order or
a requirement that defense counsel obtain a security clearance mandated
by law or authorized government regulation, upon request by the
prosecution, each New York state and local law enforcement agency shall
make available to the prosecution a complete copy of its complete
records and files related to the investigation of the case or the
prosecution of the defendant for compliance with this article.

3. 911 telephone call and police radio transmission electronic
recordings, police worn body camera recordings and other police
recordings. (a) Whenever an electronic recording of a 911 telephone call
or a police radio transmission or video or audio footage from a police
body-worn camera or other police recording was made or received in
connection with the investigation 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 911 telephone calls, police
radio transmissions and video and audio footage and other police
recordings made or available in connection with the case are preserved.
Upon the defendant's timely request and designation of a specific
electronic recording of a 911 telephone call, the prosecution shall also
expeditiously take whatever reasonable steps are necessary to ensure
that it is preserved.

(b) If the prosecution fails to disclose such an electronic recording
to the defendant pursuant to paragraph (e), (g) or (k) 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 remedy or sanction pursuant to section 245.80 of
this article.