N.Y. Criminal Procedure Law § 245.75: Waiver of discovery by defendant

§ 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.