2023 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 › 245.30 - Court Orders for Preservation, Access or Discovery.

§ 245.30 Court orders for preservation, access or discovery.
1.  Order  to  preserve  evidence. At any time, a party may move for a
  court order to any individual, agency or  other  entity  in  possession,
  custody  or  control  of items which relate to the subject matter of the
  case or are otherwise relevant, requiring that such items  be  preserved
  for  a specified period of time. The court shall hear and rule upon such
  motions expeditiously. The court may modify or vacate such an order upon
  a  showing  that  preservation  of  particular  evidence   will   create
  significant  hardship to such individual, agency or entity, on condition
  that the probative value of that evidence is preserved  by  a  specified
  alternative means.
2. Order to grant access to premises. Without prejudice to its ability
  to  issue  a  subpoena  pursuant to this chapter and after an accusatory
  instrument has been filed, the defendant may move, upon  notice  to  the
  prosecution  and any impacted individual, agency, or entity, for a court
  order to access a crime scene or other premises relevant to the  subject
  matter  of the case, requiring that counsel for the defendant be granted
  reasonable access to inspect, photograph, or measure such crime scene or
  premises, and that the condition of the crime scene or  premises  remain
  unchanged in the interim. The court shall consider defendant's expressed
  need  for  access to the premises including the risk that defendant will
  be deprived of  evidence  or  information  relevant  to  the  case,  the
  position of any individual or entity with possessory or ownership rights
  to the premises, the nature of the privacy interest and any perceived or
  actual hardship of the individual or entity with possessory or ownership
  rights,  and  the  position  of  the  prosecution  with  respect  to any
  application for access to the premises. The court may deny access to the
  premises when the probative value of access to such location has been or
  will be preserved by specified alternative means. If  the  court  grants
  access  to  the  premises,  the  individual  or entity with ownership or
  possessory rights to the premises may request law  enforcement  presence
  at  the  premises  while  defense counsel or a representative thereof is
  present.
3. Discretionary discovery by order of the court.  The  court  in  its
  discretion  may,  upon  a  showing  by the defendant that the request is
  reasonable and that the defendant is unable without  undue  hardship  to
  obtain the substantial equivalent by other means, order the prosecution,
  or any individual, agency or other entity subject to the jurisdiction of
  the  court,  to  make  available  for  disclosure  to  the defendant any
  material or information which relates to the subject matter of the  case
  and is reasonably likely to be material. A motion under this subdivision
  must  be  on  notice  to any person or entity affected by the order. The
  court may, on its own, upon request of any person or entity affected  by
  the   order,   modify  or  vacate  the  order  if  compliance  would  be
  unreasonable or will create significant hardship. For good cause  shown,
  the  court  may permit a party seeking or opposing a discretionary order
  of discovery under this  subdivision,  or  another  affected  person  or
  entity, to submit papers or testify on the record ex parte or in camera.
  For good cause shown, any such papers and a transcript of such testimony
  may be sealed and shall constitute a part of the record on appeal.