Statute:

Discovery; upon trial, of prior statements and criminal history of witnesses

* ┬ž 240.45 Discovery; upon trial, of prior statements and criminal

history of witnesses.

1. After the jury has been sworn and before the prosecutor's opening
address, or in the case of a single judge trial after commencement and
before submission of evidence, the prosecutor shall, subject to a
protective order, make available to the defendant:

(a) Any written or recorded statement, including any testimony before
a grand jury and an examination videotaped pursuant to section 190.32 of
this chapter, made by a person whom the prosecutor intends to call as a
witness at trial, and which relates to the subject matter of the
witness's testimony;

(b) A record of judgment of conviction of a witness the people intend
to call at trial if the record of conviction is known by the prosecutor
to exist;

(c) The existence of any pending criminal action against a witness the
people intend to call at trial, if the pending criminal action is known
by the prosecutor to exist.

The provisions of paragraphs (b) and (c) of this subdivision shall not
be construed to require the prosecutor to fingerprint a witness or
otherwise cause the division of criminal justice services or other law
enforcement agency or court to issue a report concerning a witness.

2. After presentation of the people's direct case and before the
presentation of the defendant's direct case, the defendant shall,
subject to a protective order, make available to the prosecutor:

(a) any written or recorded statement made by a person other than the
defendant whom the defendant intends to call as a witness at the trial,
and which relates to the subject matter of the witness's testimony;

(b) a record of judgment of conviction of a witness, other than the
defendant, the defendant intends to call at trial if the record of
conviction is known by the defendant to exist;

(c) the existence of any pending criminal action against a witness,
other than the defendant, the defendant intends to call at trial, if the
pending criminal action is known by the defendant to exist.

* NB Repealed January 1, 2020

CPL 240.45 2019-04-19

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