N.Y. Criminal Procedure Law § 245.55: Flow of information

§ 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.