Statute:

Discovery; refusal of demand

* § 240.35 Discovery; refusal of demand.

Notwithstanding the provisions of sections 240.20 and 240.30, the
prosecutor or the defendant, as the case may be, may refuse to disclose
any information which he reasonably believes is not discoverable by a
demand to produce, pursuant to section 240.20 or section 240.30 as the
case may be, or for which he reasonably believes a protective order
would be warranted. Such refusal shall be made in a writing, which shall
set forth the grounds of such belief as fully as possible, consistent
with the objective of the refusal. The writing shall be served upon the
demanding party and a copy shall be filed with the court.

* NB Repealed January 1, 2020

CPL 240.35 2019-04-19

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