N.Y. Criminal Procedure Law § 245.10: Timing of discovery

§ 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. Provided, however, that

if no grand jury is open and available to hear cases in the time frame

necessary to allow the prosecution to provide a forty-eight hour notice,

such statement shall be provided no later than twenty-four hours prior

to the scheduled time for the defendant to testify before the grand jury

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.