Legislation

Search OpenLegislation Statutes

This entry was published on 2020-01-10
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 460.80
Court ordered disclosure
Penal (PEN) CHAPTER 40, PART 4, TITLE X, ARTICLE 460
§ 460.80 Court ordered disclosure.

Notwithstanding the provisions of article two hundred forty-five of
the criminal procedure law, when forfeiture is sought pursuant to
section 460.30 of this article, the court may order discovery of any
property not otherwise disclosed which is material and reasonably
necessary for preparation by the defendant with respect to the
forfeiture proceeding pursuant to such section. The court may issue a
protective order denying, limiting, conditioning, delaying or regulating
such discovery where a danger to the integrity of physical evidence or a
substantial risk of physical harm, intimidation, economic reprisal,
bribery or unjustified annoyance or embarrassment to any person or an
adverse effect upon the legitimate needs of law enforcement, including
the protection of the confidentiality of informants, or any other factor
or set of factors outweighs the usefulness of the discovery.