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 › 245.10 - Timing of Discovery.

§ 245.10 Timing of discovery.
1. (a) Subject to subparagraph (iv) of this paragraph, the prosecution
shall perform its initial discovery obligations under subdivision one of
section 245.20 of this article as soon as practicable but not later than
the  time  periods  specified  in  subparagraphs  (i)  and  (ii) of this
paragraph,  as  applicable.  Portions  of  materials   claimed   to   be
non-discoverable  may  be withheld pending a determination and ruling of
the court under section 245.70 of this article; but the defendant  shall
be  notified  in writing that information has not been disclosed under a
particular subdivision of such section, and the discoverable portions of
such materials shall be disclosed to the extent  practicable.  When  the
discoverable  materials, including video footage from body-worn cameras,
surveillance cameras, or dashboard cameras, are exceptionally voluminous
or, despite diligent, good faith  efforts,  are  otherwise  not  in  the
actual  possession of the prosecution, the time period in this paragraph
may be stayed by up to an additional thirty calendar days  without  need
for  a  motion  pursuant  to  subdivision  two of section 245.70 of this
article.
(i) When a defendant is in custody during the pendency of the criminal
case, the prosecution shall perform its  initial  discovery  obligations
within  twenty  calendar  days  after  the defendant's arraignment on an
indictment,  superior  court  information,   prosecutor's   information,
information,  simplified  information,  misdemeanor  complaint or felony
complaint.
(ii) When the defendant is not in custody during the pendency  of  the
criminal  case,  the  prosecution  shall  perform  its initial discovery
obligations within  thirty-five  calendar  days  after  the  defendant's
arraignment  on  an indictment, superior court information, prosecutor's
information, information, simplified information, misdemeanor  complaint
or felony complaint.
(iii)  Notwithstanding  the  previous  provisions of this section, the
prosecutor's obligations shall not apply  to  a  simplified  information
charging  a  traffic infraction under the vehicle and traffic law, or to
an information charging one or more petty offenses  as  defined  by  the
municipal  code of a village, town, city, or county, that do not carry a
statutorily authorized sentence of imprisonment, and where the defendant
stands charged before the court  with  no  crime  or  offense,  provided
however that nothing in this subparagraph shall prevent a defendant from
filing  a  motion  for  disclosure  of  such items and information under
subdivision one of section 245.20 of this article. The court  shall,  at
the  first  appearance,  advise  the  defendant of their right to file a
motion for discovery.
(iv)(A) Portions of materials claimed to be  non-discoverable  may  be
withheld  pending  a determination and ruling of the court under section
245.70 of this article; but the defendant shall be notified  in  writing
that  information  has not been disclosed under a particular subdivision
of such section, and the discoverable portions of such  materials  shall
be  disclosed  to  the  extent  practicable.  Information  related to or
evidencing the identity of a 911 caller, the victim  or  witness  of  an
offense  defined under article one hundred thirty or sections 230.34 and
230.34-a of the penal law, or any other victim or  witness  of  a  crime
where  the  defendant  has  substantiated  affiliation  with  a criminal
enterprise as defined in subdivision three  of  section  460.10  of  the
penal law may be withheld, provided, however, the defendant may move the
court for disclosure.
(B)  When  the discoverable materials are exceptionally voluminous or,
despite diligent, good faith efforts, are otherwise not  in  the  actual
possession  of the prosecution, the time period in this paragraph may be

extended pursuant to a motion pursuant to  subdivision  two  of  section
245.70  of  this  article.  For  purposes  of  this  article, voluminous
materials may include, but are not limited to, video footage  from  body
worn cameras, surveillance cameras or dashboard cameras.
(b)   The   prosecution   shall  perform  its  supplemental  discovery
obligations under subdivision three of section 245.20 of this article as
soon as practicable but not later than fifteen calendar  days  prior  to
the first scheduled trial date.
(c)  The  prosecution  shall  disclose  statements of the defendant as
described in paragraph (a) of subdivision one of section 245.20 of  this
article  to  any  defendant  who  has been arraigned in a local criminal
court upon a  currently  undisposed  of  felony  complaint  charging  an
offense  which  is  a  subject  of  a  prospective or pending grand jury
proceeding, no later than forty-eight hours before  the  time  scheduled
for  the  defendant  to  testify  at a grand jury proceeding pursuant to
subdivision five of section 190.50 of this part.
2. Defendant's performance of obligations. The defendant shall perform
his or her discovery  obligations  under  subdivision  four  of  section
245.20  of  this article not later than thirty calendar days after being
served with the prosecution's  certificate  of  compliance  pursuant  to
subdivision  one of section 245.50 of this article, except that portions
of materials claimed to be non-discoverable may be  withheld  pending  a
determination  and  ruling  of  the  court  under section 245.70 of this
article;  but  the  prosecution  must  be  notified  in   writing   that
information has not been disclosed under a particular section.