Timing of discovery

§ 245.10 Timing of discovery.\n 1. (a) Subject to subparagraph (iv) of this paragraph, the prosecution\nshall perform its initial discovery obligations under subdivision one of\nsection 245.20 of this article as soon as practicable but not later than\nthe time periods specified in subparagraphs (i) and (ii) of this\nparagraph, as applicable. Portions of materials claimed to be\nnon-discoverable may be withheld pending a determination and ruling of\nthe court under section 245.70 of this article; but the defendant shall\nbe notified in writing that information has not been disclosed under a\nparticular subdivision of such section, and the discoverable portions of\nsuch materials shall be disclosed to the extent practicable. When the\ndiscoverable materials, including video footage from body-worn cameras,\nsurveillance cameras, or dashboard cameras, are exceptionally voluminous\nor, despite diligent, good faith efforts, are otherwise not in the\nactual possession of the prosecution, the time period in this paragraph\nmay be stayed by up to an additional thirty calendar days without need\nfor a motion pursuant to subdivision two of section 245.70 of this\narticle.\n (i) When a defendant is in custody during the pendency of the criminal\ncase, the prosecution shall perform its initial discovery obligations\nwithin twenty calendar days after the defendant's arraignment on an\nindictment, superior court information, prosecutor's information,\ninformation, simplified information, misdemeanor complaint or felony\ncomplaint.\n (ii) When the defendant is not in custody during the pendency of the\ncriminal case, the prosecution shall perform its initial discovery\nobligations within thirty-five calendar days after the defendant's\narraignment on an indictment, superior court information, prosecutor's\ninformation, information, simplified information, misdemeanor complaint\nor felony complaint.\n (iii) Notwithstanding the previous provisions of this section, the\nprosecutor's obligations shall not apply to a simplified information\ncharging a traffic infraction under the vehicle and traffic law, or to\nan information charging one or more petty offenses as defined by the\nmunicipal code of a village, town, city, or county, that do not carry a\nstatutorily authorized sentence of imprisonment, and where the defendant\nstands charged before the court with no crime or offense, provided\nhowever that nothing in this subparagraph shall prevent a defendant from\nfiling a motion for disclosure of such items and information under\nsubdivision one of section 245.20 of this article. The court shall, at\nthe first appearance, advise the defendant of their right to file a\nmotion for discovery.\n (iv)(A) Portions of materials claimed to be non-discoverable may be\nwithheld pending a determination and ruling of the court under section\n245.70 of this article; but the defendant shall be notified in writing\nthat information has not been disclosed under a particular subdivision\nof such section, and the discoverable portions of such materials shall\nbe disclosed to the extent practicable. Information related to or\nevidencing the identity of a 911 caller, the victim or witness of an\noffense defined under article one hundred thirty or sections 230.34 and\n230.34-a of the penal law, or any other victim or witness of a crime\nwhere the defendant has substantiated affiliation with a criminal\nenterprise as defined in subdivision three of section 460.10 of the\npenal law may be withheld, provided, however, the defendant may move the\ncourt for disclosure.\n (B) When the discoverable materials are exceptionally voluminous or,\ndespite diligent, good faith efforts, are otherwise not in the actual\npossession of the prosecution, the time period in this paragraph may be\nextended pursuant to a motion pursuant to subdivision two of section\n245.70 of this article. For purposes of this article, voluminous\nmaterials may include, but are not limited to, video footage from body\nworn cameras, surveillance cameras or dashboard cameras.\n (b) The prosecution shall perform its supplemental discovery\nobligations under subdivision three of section 245.20 of this article as\nsoon as practicable but not later than fifteen calendar days prior to\nthe first scheduled trial date.\n (c) The prosecution shall disclose statements of the defendant as\ndescribed in paragraph (a) of subdivision one of section 245.20 of this\narticle to any defendant who has been arraigned in a local criminal\ncourt upon a currently undisposed of felony complaint charging an\noffense which is a subject of a prospective or pending grand jury\nproceeding, no later than forty-eight hours before the time scheduled\nfor the defendant to testify at a grand jury proceeding pursuant to\nsubdivision five of section 190.50 of this part. Provided, however, that\nif no grand jury is open and available to hear cases in the time frame\nnecessary to allow the prosecution to provide a forty-eight hour notice,\nsuch statement shall be provided no later than twenty-four hours prior\nto the scheduled time for the defendant to testify before the grand jury\npursuant to subdivision five of section 190.50 of this part.\n 2. Defendant's performance of obligations. The defendant shall perform\nhis or her discovery obligations under subdivision four of section\n245.20 of this article not later than thirty calendar days after being\nserved with the prosecution's certificate of compliance pursuant to\nsubdivision one of section 245.50 of this article, except that portions\nof materials claimed to be non-discoverable may be withheld pending a\ndetermination and ruling of the court under section 245.70 of this\narticle; but the prosecution must be notified in writing that\ninformation has not been disclosed under a particular section.\n