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 › 245.25 - Disclosure Prior to Certain Guilty Pleas.

§ 245.25 Disclosure prior to certain guilty pleas.
1.  Pre-indictment  guilty  pleas.  Upon a felony complaint, where the
  prosecution has made a pre-indictment guilty plea offer requiring a plea
  to a crime, the prosecutor must disclose to the defense, and permit  the
  defense  to  discover, inspect, copy, photograph and test, all items and
  information that would be discoverable prior to trial under  subdivision
  one of section 245.20 of this article and are in the possession, custody
  or  control  of  the  prosecution.  The  prosecution  shall disclose the
  discoverable items and information not less  than  three  calendar  days
  prior to the expiration date of any guilty plea offer by the prosecution
  or  any  deadline imposed by the court for acceptance of the guilty plea
  offer. If the prosecution does not comply with the requirements of  this
  subdivision,  then, on a defendant's motion alleging a violation of this
  subdivision, the court must consider the impact of any violation on  the
  defendant's  decision  to  accept  or  reject a plea offer. If the court
  finds that such violation materially affected the defendant's  decision,
  and  if  the  prosecution  declines to reinstate the lapsed or withdrawn
  plea offer, the court  -  as  a  presumptive  minimum  sanction  -  must
  preclude  the  admission  at  trial  of  any  evidence  not disclosed as
  required under this subdivision. The court may  take  other  appropriate
  action as necessary to address the non-compliance. The rights under this
  subdivision do not apply to items or information that are the subject of
  a  protective  order  under  section 245.70 of this article; but if such
  information tends to be exculpatory,  the  court  shall  reconsider  the
  protective  order.  A  defendant  may waive his or her rights under this
  subdivision; but a guilty plea offer may  not  be  conditioned  on  such
  waiver.
2. Other guilty pleas. Upon an indictment, superior court information,
  prosecutor's   information,   information,  simplified  information,  or
  misdemeanor complaint, where the prosecution  has  made  a  guilty  plea
  offer  requiring  a plea to a crime, the prosecutor must disclose to the
  defense, and permit the defense to discover, inspect,  copy,  photograph
  and  test, all items and information that would be discoverable prior to
  trial under subdivision one of section 245.20 of this  article  and  are
  within  the  possession,  custody  or  control  of  the prosecution. The
  prosecution shall disclose the discoverable items  and  information  not
  less than seven calendar days prior to the expiration date of any guilty
  plea  offer  by the prosecution or any deadline imposed by the court for
  acceptance of the guilty plea offer. If the prosecution does not  comply
  with the requirements of this subdivision, then, on a defendant's motion
  alleging  a  violation  of this subdivision, the court must consider the
  impact of any violation on the defendant's decision to accept or  reject
  a plea offer. If the court finds that such violation materially affected
  the  defendant's  decision, and if the prosecution declines to reinstate
  the lapsed or withdrawn plea offer, the court - as a presumptive minimum
  sanction - must preclude the admission at  trial  of  any  evidence  not
  disclosed  as  required under this subdivision. The court may take other
  appropriate action as  necessary  to  address  the  non-compliance.  The
  rights  under this subdivision do not apply to items or information that
  are the subject of a protective  order  under  section  245.70  of  this
  article;  but  if  such  information  tends to be exculpatory, the court
  shall reconsider the protective order. A defendant may waive his or  her
  rights  under  this  subdivision;  but  a  guilty  plea offer may not be
  conditioned on such waiver. Notwithstanding the timelines  contained  in
  the  opening  paragraph  of  paragraph (a) of subdivision one of section
  245.10 of this article,  the  prosecutor's  discovery  obligation  under
  subdivision  one of section 245.20 of this article shall be performed as
  soon as practicable, but not later than fifteen days before the trial of

  a simplified information charging a traffic infraction under the vehicle
  and traffic law, or  by  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
  subdivision  shall  prevent  a  defendant  from  filing  a  motion   for
  disclosure  of  such items and information under subdivision one of such
  section 245.20 of this article at an earlier date.
3. Repleader. Nothing in this section  shall  prevent  the  waiver  of
  discovery  from  being a condition of a repleader, where the defendant's
  original conviction is vacated on agreement between the parties pursuant
  to section 440.10 of this part.