Discovery; upon demand of defendant

* § 240.20 Discovery; upon demand of defendant.

1. Except to the extent protected by court order, upon a demand to
produce by a defendant against whom an indictment, superior court
information, prosecutor's information, information, or simplified
information charging a misdemeanor is pending, the prosecutor shall
disclose to the defendant and make available for inspection,
photographing, copying or testing, the following property:

(a) Any written, recorded or oral statement of the defendant, and of a
co-defendant to be tried jointly, made, other than in the course of the
criminal transaction, to a public servant engaged in law enforcement
activity or to a person then acting under his direction or in
cooperation with him;

(b) Any transcript of testimony relating to the criminal action or
proceeding pending against the defendant, given by the defendant, or by
a co-defendant to be tried jointly, before any grand jury;

(c) Any written report or document, or portion thereof, concerning a
physical or mental examination, or scientific test or experiment,
relating to the criminal action or proceeding which was made by, or at
the request or direction of a public servant engaged in law enforcement
activity, or which was made by a person whom the prosecutor intends to
call as a witness at trial, or which the people intend to introduce at
trial;

(d) Any photograph or drawing relating to the criminal action or
proceeding which was made or completed by a public servant engaged in
law enforcement activity, or which was made by a person whom the
prosecutor intends to call as a witness at trial, or which the people
intend to introduce at trial;

(e) Any photograph, photocopy or other reproduction made by or at the
direction of a police officer, peace officer or prosecutor of any
property prior to its release pursuant to the provisions of section
450.10 of the penal law, irrespective of whether the people intend to
introduce at trial the property or the photograph, photocopy or other
reproduction.

(f) Any other property obtained from the defendant, or a co-defendant
to be tried jointly;

(g) Any tapes or other electronic recordings which the prosecutor
intends to introduce at trial, irrespective of whether such recording
was made during the course of the criminal transaction;

(h) Anything required to be disclosed, prior to trial, to the
defendant by the prosecutor, pursuant to the constitution of this state
or of the United States.

(i) The approximate date, time and place of the offense charged and of
defendant's arrest.

(j) In any prosecution under penal law section 156.05 or 156.10, the
time, place and manner of notice given pursuant to subdivision six of
section 156.00 of such law.

(k) in any prosecution commenced in a manner set forth in this
subdivision alleging a violation of the vehicle and traffic law, in
addition to any material required to be disclosed pursuant to this
article, any other provision of law, or the constitution of this state
or of the United States, any written report or document, or portion
thereof, concerning a physical examination, a scientific test or
experiment, including the most recent record of inspection, or
calibration or repair of machines or instruments utilized to perform
such scientific tests or experiments and the certification certificate,
if any, held by the operator of the machine or instrument, which tests
or examinations were made by or at the request or direction of a public
servant engaged in law enforcement activity or which was made by a
person whom the prosecutor intends to call as a witness at trial, or
which the people intend to introduce at trial.

2. The prosecutor shall make a diligent, good faith effort to
ascertain the existence of demanded property and to cause such property
to be made available for discovery where it exists but is not within the
prosecutor's possession, custody or control; provided, that the
prosecutor shall not be required to obtain by subpoena duces tecum
demanded material which the defendant may thereby obtain.

* NB Repealed January 1, 2020