N.Y. Criminal Procedure Law § 245.25: Disclosure prior to certain guilty pleas

§ 245.25 Disclosure prior to certain guilty pleas.

1. Pre-indictment guilty pleas. Upon a felony complaint, where the

prosecution has made a pre-indictment guilty plea offer requiring a plea

to a crime, the prosecutor must disclose to the defense, and permit the

defense to discover, inspect, copy, photograph and test, all items and

information that would be discoverable prior to trial under subdivision

one of section 245.20 of this article and are in the possession, custody

or control of the prosecution. The prosecution shall disclose the

discoverable items and information not less than three calendar days

prior to the expiration date of any guilty plea offer by the prosecution

or any deadline imposed by the court for acceptance of the guilty plea

offer. If the prosecution does not comply with the requirements of this

subdivision, then, on a defendant's motion alleging a violation of this

subdivision, the court must consider the impact of any violation on the

defendant's decision to accept or reject a plea offer. If the court

finds that such violation materially affected the defendant's decision,

and if the prosecution declines to reinstate the lapsed or withdrawn

plea offer, the court - as a presumptive minimum sanction - must

preclude the admission at trial of any evidence not disclosed as

required under this subdivision. The court may take other appropriate

action as necessary to address the non-compliance. The rights under this

subdivision do not apply to items or information that are the subject of

a protective order under section 245.70 of this article; but if such

information tends to be exculpatory, the court shall reconsider the

protective order. A defendant may waive his or her rights under this

subdivision; but a guilty plea offer may not be conditioned on such

waiver.

2. Other guilty pleas. Upon an indictment, superior court information,

prosecutor's information, information, simplified information, or

misdemeanor complaint, where the prosecution has made a guilty plea

offer requiring a plea to a crime, the prosecutor must disclose to the

defense, and permit the defense to discover, inspect, copy, photograph

and test, all items and information that would be discoverable prior to

trial under subdivision one of section 245.20 of this article and are

within the possession, custody or control of the prosecution. The

prosecution shall disclose the discoverable items and information not

less than seven calendar days prior to the expiration date of any guilty

plea offer by the prosecution or any deadline imposed by the court for

acceptance of the guilty plea offer. If the prosecution does not comply

with the requirements of this subdivision, then, on a defendant's motion

alleging a violation of this subdivision, the court must consider the

impact of any violation on the defendant's decision to accept or reject

a plea offer. If the court finds that such violation materially affected

the defendant's decision, and if the prosecution declines to reinstate

the lapsed or withdrawn plea offer, the court - as a presumptive minimum

sanction - must preclude the admission at trial of any evidence not

disclosed as required under this subdivision. The court may take other

appropriate action as necessary to address the non-compliance. The

rights under this subdivision do not apply to items or information that

are the subject of a protective order under section 245.70 of this

article; but if such information tends to be exculpatory, the court

shall reconsider the protective order. A defendant may waive his or her

rights under this subdivision; but a guilty plea offer may not be

conditioned on such waiver. Notwithstanding the timelines contained in

the opening paragraph of paragraph (a) of subdivision one of section

245.10 of this article, the prosecutor's discovery obligation under

subdivision one of section 245.20 of this article shall be performed as

soon as practicable, but not later than fifteen days before the trial of

a simplified information charging a traffic infraction under the vehicle

and traffic law, or by 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

subdivision shall prevent a defendant from filing a motion for

disclosure of such items and information under subdivision one of such

section 245.20 of this article at an earlier date.

3. Repleader. Nothing in this section shall prevent the waiver of

discovery from being a condition of a repleader, where the defendant's

original conviction is vacated on agreement between the parties pursuant

to section 440.10 of this part.