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NY A04879

Bill

Status

Introduced

2/8/2011

Primary Sponsor

Peter Rivera

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Creates new Criminal Procedure Law Section 240.25 requiring prosecutors to disclose exculpatory information (material favorable to the accused) to defense counsel with specific definitions and timelines.

  • Mandates prosecutors disclose certain information within 28 days of arraignment, including evidence casting doubt on guilt, admissibility issues, witness incentives, criminal records of prosecution witnesses, and inconsistent statements.

  • Requires additional exculpatory information be disclosed at least 21 days before trial, including credibility issues, bias or prejudice of witnesses, and prior bad acts of prosecution witnesses.

  • Establishes continuing obligation for prosecutors to promptly disclose newly discovered exculpatory information and permits courts to grant protective orders redacting witness identities only upon reasonable showing of endangerment.

  • Imposes sanctions for late or failed disclosure including case extensions, precluding evidence, jury instructions, and mandatory referral of intentional or reckless violations to attorney disciplinary committees.

Legislative Description

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

Last Action

enacting clause stricken

9/4/2012

Committee Referrals

Codes2/8/2011

Full Bill Text

No bill text available