Statute:

Discovery; certain violations

* § 240.75 Discovery; certain violations.

The failure of the prosecutor or any agent of the prosecutor to
disclose statements that are required to be disclosed under subdivision
one of section 240.44 or paragraph (a) of subdivision one of section
240.45 of this article shall not constitute grounds for any court to
order a new pre-trial hearing or set aside a conviction, or reverse,
modify or vacate a judgment of conviction in the absence of a showing by
the defendant that there is a reasonable possibility that the
non-disclosure materially contributed to the result of the trial or
other proceeding; provided, however, that nothing in this section shall
affect or limit any right the defendant may have to a re-opened
pre-trial hearing when such statements were disclosed before the close
of evidence at trial.

* NB Repealed January 1, 2020

CPL 240.75 2019-04-19

Search Decisions Citing Statute