N.Y. FCT Law § 331.4 — New York Code / Act FCT / Article 3 / Part 3 / Section 331.4
Discovery; of prior statements and history of witnesses
Status: in_force

§ 331.4. Discovery; of prior statements and history of witnesses. 1.\nAt the commencement of the fact-finding hearing, the presentment agency\nshall, subject to a protective order, make available to the respondent:\n  (a) any written or recorded statement, including any testimony before\na grand jury and any examination videotaped pursuant to section 190.32\nof the criminal procedure law, made by a person whom the presentment\nagency intends to call as a witness at the fact-finding hearing, and\nwhich relates to the subject matter of the witness's testimony. When\nsuch a statement includes grand jury testimony, the presentment agency\nshall request that the district attorney provide a transcript of\ntestimony prior to the commencement of the fact-finding hearing; upon\nreceiving such a request, the district attorney shall promptly apply to\nthe appropriate criminal court, with written notice to the presentment\nagency and the respondent, for a written order pursuant to section three\nhundred twenty-five of the judiciary law releasing a transcript of\ntestimony to the presentment agency;\n  (b) a record of judgment of conviction of a witness the presentment\nagency intends to call at the fact-finding hearing if such record is\nknown by the presentment agency to exist;\n  (c) the existence of any pending criminal action against a witness the\npresentment agency intends to call at the fact-finding hearing, if the\npending criminal action is known by the presentment agency to exist.\n  The provisions of paragraphs (b) and (c) shall not be construed to\nrequire the presentment agency to fingerprint a witness or otherwise\ncause the division of criminal justice services or other law enforcement\nagency or court to issue a report concerning a witness.\n  2. At the conclusion of the presentment agency's direct case and\nbefore the commencement of the respondent's direct case, the respondent\nshall, subject to a protective order, make available to the presentment\nagency (a) any written or recorded statement made by a person other than\nthe respondent whom the respondent intends to call as a witness at the\nfact-finding hearing and which relates to the subject matter of the\nwitness's testimony; (b) a record of judgment of conviction of a\nwitness, other than the respondent, the respondent intends to call at a\nhearing if the record of conviction is known by the respondent to exist;\nand (c) the existence of any pending criminal action against a witness,\nother than the respondent, the respondent intends to call at a hearing,\nif the pending criminal action is known by the respondent to exist.\n  3. Subject to a protective order, at a pre-fact-finding hearing held\nupon a motion pursuant to section 330.2, at which a witness is called to\ntestify, each party at the conclusion of the direct examination of each\nof its witnesses, shall, upon request of the other party, make available\nto that party to the extent not previously disclosed:\n  (a) any written or recorded statement, including any testimony before\na grand jury, made by such witness other than the respondent, which\nrelates to the subject matter of the witness's testimony. When such a\nstatement includes grand jury testimony, the presentment agency shall\nrequest that the district attorney provide a transcript of testimony\nprior to the commencement of the pre-fact-finding hearing; upon\nreceiving such a request, the district attorney shall promptly apply to\nthe appropriate criminal court, with written notice to the presentment\nagency and the respondent, for a written order pursuant to section three\nhundred twenty-five of the judiciary law releasing a transcript of\ntestimony to the presentment agency;\n  (b) a record of a judgment of conviction of such witness other than\nthe respondent if the record of conviction is known by the presentment\nagency or respondent, as the case may be, to exist; and\n  (c) the existence of any pending criminal action against such witness\nother than the respondent, if the pending criminal action is known by\nthe presentment agency or respondent, as the case may be, to exist.\n