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NY A11446

Bill

Status

Introduced

6/14/2010

Primary Sponsor

Adriano Espaillat

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Creates new section 240.25 of Criminal Procedure Law establishing comprehensive requirements for prosecutors to disclose exculpatory information to defendants

  • Requires prosecutors to disclose exculpatory information within 28 days of arraignment on first charging instrument, including information casting doubt on guilt, evidence admissibility issues, witness incentives, criminal records, pending charges, and failed identifications

  • Mandates additional disclosures 21 days before trial regarding witness credibility, inconsistent statements, bias or prejudice, and mental or physical impairments affecting witness reliability

  • Establishes continuing obligation for prosecutors to promptly notify defendants of additional exculpatory information discovered after initial disclosure periods

  • Authorizes courts to impose sanctions for late or failed disclosure including time extensions, reopening pretrial hearings, excluding evidence, jury instructions about withheld evidence, and referral to attorney disciplinary committees for intentional or reckless violations

Legislative Description

Relates to exculpatory material and requires for disclosure of such to the defense.

Last Action

reported referred to rules

6/21/2010

Committee Referrals

Rules6/21/2010
Codes6/14/2010

Full Bill Text

No bill text available