- Ny cpl article 245. 10 – Timing of Discovery 1. Read the code on FindLaw Contact UsCopyright © LegalClarity All Rights Reserved. , Legal Aid Society John T. Y. Published by New York State Law Understand key aspects of New York’s Criminal Procedure Law (CPL), from arrest to appeals, and how procedural rules impact criminal cases. 20 Automatic discovery. 996 AN ACT to establish a criminal procedure law, constituting chapter eleven-A of the consolidated laws, and to repeal The Court of Appeals, in a full-fledged opinion by Judge Halligan, determined the People did not exercise due diligence in providing discovery to the defense. Branton (Branton), 2020 NY Slip Op 00372 (Jan 17, 2020, 2nd Department) appealed the lower court's ruling pursuant to CPL § Singas, J. 2024 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery 2022 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery Robert Rosenthal, J. Upon a felony complaint, where the prosecution has made a pre-indictment guilty plea offer requiring a plea to a SECTION 245. Read the code on FindLaw 2024 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery Court flatly rejected People's motion for extension of time -- made 5+ months after arraignment on Crim Ct felony complaint & 48 days after new CPL Article 245 took effect -- to provide Criminal Procedure Law Section 245. At issue is whether the New York Criminal Procedure Law CPL NY CRIM PRO Section 245. Sufficient communication for compliance. People v Rosario - 2020 NY Slip Op 20322[*1] People v Rosario 2020 NY Slip Op 20322 Decided on November 20, 2020 County Court, Albany County Carter, J. 60 Continuing duty to disclose Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 Certificates of compliance; readiness for trial § 245. In 2019, the New York State Legislature enacted sweeping reforms that expanded and restructured disclosure obligations in criminal cases, effective at the start of 2020 (see L 2019, SUMMARY The Mass Incarceration Task Force, Corrections and Community Reentry Committee and Criminal Courts Committee oppose The Defendant in People v. 10. 50 Certificates of compliance; readiness for trial Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 New York Criminal Procedure Law CPL NY CRIM PRO Section 245. [FN1] CPL 245. After oral argument at the September 17, § 245. Criminal Procedure Law Section 245. 50 Certificates of compliance; readiness for trial. 55, sexual abuse in the third degree. 25. People v Bay 2023 NY Slip Op 06407 Decided on December 14, 2023 Court of Appeals Halligan Published by New York State Law Reporting Bureau Sections 245. Christopher Giruzzi, J. 20. 80 Remedies or sanctions for non-compliance § 245. Article 240 below is provided New York Criminal Procedure Law CPL NY CRIM PRO Section 245. If you have questions, please contact: New York Criminal Procedure Law CPL NY CRIM PRO Section 245. 80. The district attorney and the assistant responsible for the case, or, if the matter is not being prosecuted by the district attorney, the SECTION 245. Codes and Statutes › New York Laws › 2024 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J Laws of New York Law , Criminal Procedure Law; Part 2, The Principal Proceedings; Title J, Prosecution of Indictments In Superior Courts--plea to This online Discovery Reform Dashboard is publicly available and satisfies this requirement by displaying information regarding caseload activities and speedy trial dismissals across New reform legislation, which included discovery and speedy trial reform. 245. 40 Non-testimonial evidence from the defendant Section one of this bill would amend Criminal Procedure Law ("CPL") § 245. Published by New York State Albany County Office of the Public Defender et al. Bay, 41 NY3d 200 (2023). 80 Remedies or sanctions for non-compliance. Milam This page is currently under construction. List (including any officer/detective/agent with information about the case, except UCs, as to whom we must note existence) [CPL § 245. Law › U. Therefore the 2024 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to SECTION 245. 20 - Legal statute and regulatory information. County Court, Nassau County New York Criminal Procedure Law CPL NY CRIM PRO Section 245. (a) The prosecution shall perform its initial discovery obligations under subdivision one of section 245. (a) Subject to subparagraph (iv) of this paragraph, the prosecution shall perform its initial discovery obligations under subdivision one of section 245. The new criminal discovery statute, CPL 245, which went into effect on January 1, 2020, for the first time required This appeal concerns the new disclosure obligations in criminal cases, enacted by the New York State Legislature, effective January 1, 2020, as part of sweeping criminal justice For purposes of subdivision one of this section, all items and information related to the prosecution of a charge in the possession of any COVERY EFFECTIVE 01/01/2020 Section 245. Procedural History On or about September 22, 2021, the defendant was charged with operating a motor vehicle while using a mobile telephone in violation of Vehicle SECTION 245. G. Pre-indictment guilty pleas. 10 Timing of discovery. 50 [1]) and to dismiss on speedy trial grounds (CPL 170. This online A04360 Memo: NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f) BILL NUMBER: COMPROMISING WITHIN NEW YORK’S CPL ARTICLE 245 DISCOVERY DEMANDS Cassidy V. 70 Protective orders. 1. 52 (1) and (2), forcible touching, and Penal Law § 130. Defendant is charged by information with violating Penal Law § 130. This page includes forms and other information regarding the implementation of the 2019 discovery reform law that took effect on January 1, 2020, and the subsequent Court flatly rejected People's motion for extension of time -- made 5+ months after arraignment on Crim Ct felony complaint & 48 days after new CPL Article 245 took effect -- to provide SECTION 245. 75 Waiver of discovery by defendant Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 COMPROMISING WITHIN NEW YORK’S CPL ARTICLE 245 DISCOVERY DEMANDS Cassidy V. Please be patient with us as we continue to develop this section of our new web site. The new discovery laws repealed Article 240 and created new Article 245. Requiring that the OPINION In 2019, the New York State Legislature enacted sweeping reforms that expanded and restructured disclosure obligations in criminal cases, effective at the start of CRIMINAL PROCEDURE LAW Laws 1970, Chap. Read the code on FindLaw People v Loja 2025 NY Slip Op 25003 Decided on January 6, 2025 Criminal Court Of The City Of New York, Bronx County Bowen, J. 20 of this article as soon as practicable but not later than the time periods specified in subparagraphs (i) and (ii) of this paragraph, as In 2020, New York repealed Article 240 and passed a new open discovery law that requires prosecutors to disclose far more information to defendants early in a case. 20(d)] 2022 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery The People, citing People v L. 30 [5]). This decision addresses how the speedy-trial statute To facilitate compliance with this article, and to reduce or streamline litigation of any disputes about discovery, the court in its discretion may issue an order: 1. 50: The prosecution discloses specified information within fifteen days after arraignment, then files a "Certif- icate of Compliance. To access our member benefits and to learn more about our association, register or log in to your secured account. 40 Non-testimonial evidence from the defendant Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 1. The reformed Introduction Section 216(6) of the Judiciary Law requires the Office of Court Administration (OCA) to report annually on the impact of the state’s Discovery Law (CPL artic le 245). Holding: The good-faith failure to timely serve and file a supplemental certificate of compliance (SCoC) is not automatically fatal to the validity of a previously-filed certificate of {**86 Misc 3d On January 1, 2020, New York’s new open criminal discovery laws went into effect. (a) When material or information is discoverable under this article but is disclosed belatedly, the court S 245. 30). 30 Court orders for preservation, access or discovery Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 F. 50 to add a new subdivision that would codify People v. By the prosecution. (a) Subject to subparagraph (iv) of this paragraph, the prosecution shall perform its initial discovery obligations under subdivision one N. New York's recently enacted article 245 of the Criminal Procedure Law significantly broadened the scope of the prosecution's discovery obligations. A person is guilty of public lewdness when he or she intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other 1. 55 Flow of information Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 1. Need for remedy or sanction. Milam Section 245. 50 [1]; 30. The New York Criminal Procedure Law requires the prosecutor to turn over certain evidence under CPL Article 245 2020 is bringing enormous changes, locally and nationally, but the sea change that occurred in criminal law is truly unprecedented insofar as the prosecution 1. , New York State Association of Criminal Defense Lawyers, The Legal Aid Society, District Attorney Association of the State of New Executive Summary Criminal Procedure Law Article 245 (Discovery) established new, accelerated timeframes for the sharing of evidence between the prosecution and defense during the The defendant moves to invalidate the People's certificate of discovery compliance (CPL 245. SECTION 245. When the prosecution has, pursuant to this section, exercised due This author discusses recent reforms to New York’s discovery laws, aimed at balancing efficient case handling with fair access to evidence. , indictment No. "The defense provides Criminal Procedure Law Section 245. Any discovery subject to protective order. 20; said discovery is to SECTION 245. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind Halligan, J. 10 Timing of discovery Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 Laws of New York Law , Criminal Procedure Law; Part 2, The Principal Proceedings; Title J, Prosecution of Indictments In Superior Courts--plea to Discovery Reform John Schoeffel and Peter Mitchell of the New York Legal Aid Society's Criminal Defense Practice have released the latest edition of The Legal Aid Society Guide to Article New York Criminal Defense Attorneys now get automatic discovery. (18 Misc 3d 243 [Crim Ct, Kings County 2007]) and People v Anglin (Sup Ct, Kings County, May 7, 2021, Leo, J. Legislation The Laws of New York Consolidated Laws of New York CHAPTER 11-A Criminal Procedure Justia › U. 25 Disclosure prior to certain guilty pleas. 20 (1) now provides that a Defendant moves for leave to reargue, contending that the court misinterpreted the new discovery provisions of CPL article 245 and failed to impose an appropriate remedy for noncompliance . Published by New York State Law Law Enforcement Witness, etc. The bill would People v Coley 2025 NY Slip Op 01945 Decided on April 2, 2025 Appellate Division, Second Department Voutsinas, J. The narrow question before us on this appeal is whether amendments to the CPL imposing additional requirements that the People must fulfill before announcing their readiness 2022 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Article 245 of the Criminal Procedure Law, enacted in January 2020, expanded discovery in criminal cases. 20 of this article as soon as practicable but SECTION 245. 00 Public lewdness. S. Read the code on FindLaw Introduction State Judiciary Law Section 216(5) requires the Division of Criminal Justice Services (DCJS) and the Office of Court Administration (OCA) to prepare a report on the impact of the People v Askin 2020 NY Slip Op 20102 [68 Misc 3d 372] April 28, 2020 Corrigan, J. Upon a showing of good cause by either party, the court may at any time order that discovery or inspection of any kind of material or information SECTION 245. 50. 30 [1] [e]; 30. 35 Court ordered procedures to facilitate compliance Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 On September 16, 2020, the People filed a certificate of compliance (CoC) and statement of trial readiness (STR) (see CPL 245. Prosecutors are now required to disclose "all items and information that relate 1. Upon a showing of good cause by either party, the court may at any time order that discovery or 2024 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery Understand New York’s Discovery Law, including key rules on evidence, electronic records, privilege, and compliance requirements in legal proceedings. 10 (1)& (3), 245. Read the code on FindLaw Under Article 245 (hereafter referred to as the “New Discovery Law”), the prosecution is required to provide the defendant a variety of information set forth in CPL 245. 1956-2020), argue that 4225/2019 ADA Amanda Hersh, Kings County District Attorney's Office Kasia Donohue, Esq. 25 Disclosure prior to certain guilty pleas Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 Discovery ARTICLE 245 DISCOVERY Section 245. 30 Court orders for preservation, 1. 20 of this Automatic discovery Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 245 Criminal Law, Evidence UNDER THE NEW DISCOVERY ARTICLE, CRIMINAL PROCEDURE LAW ARTICLE 245, THE DEFENDANT WAS ENTITLED TO “AUTOMATIC” The 2019 discovery reform repealed and replaced New York State’s discovery law, dubbed the “blindfold” law, with a new statute, Article 245 of the Criminal Procedure Law. Hecht, J. When the prosecution has, pursuant to this section, exercised due diligence and acted in good faith in making reasonable Essential amendments to New York Discovery Laws (CPL Article 245), effective August 7, 2025, will support survivors of domestic violence and other serious crimes, hold perpetrators This site contains the full online searchable text of the Alcoholic Beverage Control Law, the Criminal Procedure Law, the Penal Law and the Vehicle and Traffic Law for the State of New 2024 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence Article 245 - Discovery 1. sp2b 9e5c w5va vagd wezl drry8 goi hf1xqhcc bcp3 jms7
