Search OpenLegislation Statutes

This entry was published on 2020-05-08
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 245.75
Waiver of discovery by defendant
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245
§ 245.75 Waiver of discovery by defendant.

1. 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,
prosecutor's information, information, or simplified information, 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 four of section 245.20 and section 245.60 of
this article. A waiver shall be in writing, signed for the individual
case by the counsel for the defendant and filed with the court. The
court shall inquire of the defendant on the record to ensure that the
defendant understands his or her right to discovery and right to waive
discovery. 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.
The prosecution may not condition a guilty plea offer on the defense's
execution of a waiver under this section. Counsel for the defendant may
advise his or her client about the defendant's right to discovery and
right to waive discovery; such advice shall not constitute a condition
of a guilty plea.

2. Nothing in this section shall prevent the waiver of discovery from
being a condition of the repleader, where the defendant's original
conviction is vacated on agreement between the parties pursuant to
section 440.10 of this part.