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 › 245.50 - Certificates of Compliance; Readiness for Trial.

§ 245.50 Certificates of compliance; readiness for trial.
1. By the prosecution. When the prosecution has provided the discovery
required  by  subdivision  one of section 245.20 of this article, except
for discovery that is lost or destroyed as provided by paragraph (b)  of
subdivision  one  of  section  245.80 of this article and except for any
items or information that are  the  subject  of  an  order  pursuant  to
section  245.70  of  this article, it shall serve upon the defendant and
file with the court a certificate  of  compliance.  The  certificate  of
compliance  shall  state that, after exercising due diligence and making
reasonable  inquiries  to  ascertain  the  existence  of  material   and
information  subject to discovery, the prosecutor has disclosed and made
available all known material and information subject  to  discovery.  It
shall  also  identify  the  items  provided.  If additional discovery is
subsequently provided prior to trial pursuant to section 245.60 of  this
article,  a  supplemental certificate shall be served upon the defendant
and filed  with  the  court  identifying  the  additional  material  and
information  provided.  No adverse consequence to the prosecution or the
prosecutor shall result from the filing of a certificate  of  compliance
in  good faith and reasonable under the circumstances; but the court may
grant a remedy or sanction for a  discovery  violation  as  provided  in
section 245.80 of this article.
1-a. Any supplemental certificate of compliance shall detail the basis
for  the  delayed disclosure so that the court may determine whether the
delayed  disclosure  impacts  the  propriety  of  the   certificate   of
compliance. The filing of a supplemental certificate of compliance shall
not  impact  the  validity  of the original certificate of compliance if
filed in good faith and  after  exercising  due  diligence  pursuant  to
section  245.20  of this article, or if the additional discovery did not
exist at  the  time  of  the  filing  of  the  original  certificate  of
compliance.
2.  By  the  defendant.  When the defendant has provided all discovery
required by subdivision four of section 245.20 of this  article,  except
for  any  items or information that are the subject of an order pursuant
to section 245.70 of this article, counsel for the defendant shall serve
upon  the  prosecution  and  file  with  the  court  a  certificate   of
compliance.  The  certificate  shall  state  that,  after exercising due
diligence and making reasonable inquiries to ascertain the existence  of
material and information subject to discovery, counsel for the defendant
has  disclosed  and  made  available  all known material and information
subject to discovery. It shall also  identify  the  items  provided.  If
additional discovery is subsequently provided prior to trial pursuant to
section  245.60  of  this  article,  a supplemental certificate shall be
served upon the prosecution and filed with  the  court  identifying  the
additional  material and information provided. No adverse consequence to
the defendant or counsel for the defendant shall result from the  filing
of  a certificate of compliance in good faith; but the court may grant a
remedy or sanction for a discovery  violation  as  provided  in  section
245.80 of this article.
3.  Trial  readiness. Notwithstanding the provisions of any other law,
absent an individualized finding of special circumstances in the instant
case by the court before which the charge is  pending,  the  prosecution
shall  not  be  deemed  ready for trial for purposes of section 30.30 of
this chapter until  it  has  filed  a  proper  certificate  pursuant  to
subdivision  one of this section. A court may deem the prosecution ready
for trial pursuant to section 30.30 of this  chapter  where  information
that  might  be  considered  discoverable  under  this article cannot be
disclosed because it has been lost, destroyed, or otherwise  unavailable
as  provided  by  paragraph  (b) of subdivision one of section 245.80 of

this article, despite diligent and good faith efforts, reasonable  under
the  circumstances. Provided, however, that the court may grant a remedy
or sanction for a discovery violation as provided by section  245.80  of
this article.
4.  (a)  Challenges  to,  or  questions  related  to  a certificate of
compliance shall be addressed by motion.
(b) To the extent that the party is aware of  a  potential  defect  or
deficiency  related  to  a  certificate  of  compliance  or supplemental
certificate of compliance, the party entitled to disclosure shall notify
or alert the opposing party as soon as practicable.
(c)  Challenges  related  to  the  sufficiency  of  a  certificate  of
compliance or supplemental certificates of compliance shall be addressed
by  motion as soon as practicable, provided that nothing in this section
shall be construed to waive a party's right to make further  challenges,
including  but not limited to a motion pursuant to section 30.30 of this
chapter.