N.Y. CPL Law § 245.25 — New York Code / Act CPL / Part 2 / Title J / Article 245 / Section 245.25
Disclosure prior to certain guilty pleas
Status: in_force

§ 245.25 Disclosure prior to certain guilty pleas.\n  1. Pre-indictment guilty pleas. Upon a felony complaint, where the\nprosecution has made a pre-indictment guilty plea offer requiring a plea\nto a crime, the prosecutor must disclose to the defense, and permit the\ndefense to discover, inspect, copy, photograph and test, all items and\ninformation that would be discoverable prior to trial under subdivision\none of section 245.20 of this article and are in the possession, custody\nor control of the prosecution. The prosecution shall disclose the\ndiscoverable items and information not less than three calendar days\nprior to the expiration date of any guilty plea offer by the prosecution\nor any deadline imposed by the court for acceptance of the guilty plea\noffer. If the prosecution does not comply with the requirements of this\nsubdivision, then, on a defendant's motion alleging a violation of this\nsubdivision, the court must consider the impact of any violation on the\ndefendant's decision to accept or reject a plea offer. If the court\nfinds that such violation materially affected the defendant's decision,\nand if the prosecution declines to reinstate the lapsed or withdrawn\nplea offer, the court - as a presumptive minimum sanction - must\npreclude the admission at trial of any evidence not disclosed as\nrequired under this subdivision. The court may take other appropriate\naction as necessary to address the non-compliance. The rights under this\nsubdivision do not apply to items or information that are the subject of\na protective order under section 245.70 of this article; but if such\ninformation tends to be exculpatory, the court shall reconsider the\nprotective order. A defendant may waive his or her rights under this\nsubdivision; but a guilty plea offer may not be conditioned on such\nwaiver.\n  2. Other guilty pleas. Upon an indictment, superior court information,\nprosecutor's information, information, simplified information, or\nmisdemeanor complaint, where the prosecution has made a guilty plea\noffer requiring a plea to a crime, the prosecutor must disclose to the\ndefense, and permit the defense to discover, inspect, copy, photograph\nand test, all items and information that would be discoverable prior to\ntrial under subdivision one of section 245.20 of this article and are\nwithin the possession, custody or control of the prosecution. The\nprosecution shall disclose the discoverable items and information not\nless than seven calendar days prior to the expiration date of any guilty\nplea offer by the prosecution or any deadline imposed by the court for\nacceptance of the guilty plea offer. If the prosecution does not comply\nwith the requirements of this subdivision, then, on a defendant's motion\nalleging a violation of this subdivision, the court must consider the\nimpact of any violation on the defendant's decision to accept or reject\na plea offer. If the court finds that such violation materially affected\nthe defendant's decision, and if the prosecution declines to reinstate\nthe lapsed or withdrawn plea offer, the court - as a presumptive minimum\nsanction - must preclude the admission at trial of any evidence not\ndisclosed as required under this subdivision. The court may take other\nappropriate action as necessary to address the non-compliance. The\nrights under this subdivision do not apply to items or information that\nare the subject of a protective order under section 245.70 of this\narticle; but if such information tends to be exculpatory, the court\nshall reconsider the protective order. A defendant may waive his or her\nrights under this subdivision; but a guilty plea offer may not be\nconditioned on such waiver. Notwithstanding the timelines contained in\nthe opening paragraph of paragraph (a) of subdivision one of section\n245.10 of this article, the prosecutor's discovery obligation under\nsubdivision one of section 245.20 of this article shall be performed as\nsoon as practicable, but not later than fifteen days before the trial of\na simplified information charging a traffic infraction under the vehicle\nand traffic law, or by an information charging one or more petty\noffenses as defined by the municipal code of a village, town, city, or\ncounty, that do not carry a statutorily authorized sentence of\nimprisonment, and where the defendant stands charged before the court\nwith no crime or offense, provided however that nothing in this\nsubdivision shall prevent a defendant from filing a motion for\ndisclosure of such items and information under subdivision one of such\nsection 245.20 of this article at an earlier date.\n  3. Repleader. Nothing in this section shall prevent the waiver of\ndiscovery from being a condition of a repleader, where the defendant's\noriginal conviction is vacated on agreement between the parties pursuant\nto section 440.10 of this part.\n