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NY S07313
Bill
Status
4/9/2025
Primary Sponsor
Cordell Cleare
Click for details
AI Summary
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Requires courts to evaluate whether prosecutors filed certificates of compliance in good faith after exercising due diligence and making reasonable inquiries to obtain required discovery materials
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Establishes specific factors for assessing prosecutorial due diligence, including: efforts made to comply, timing of efforts, volume of discovery provided versus outstanding, case complexity, and how obvious missing materials would have been to a reasonable prosecutor
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Mandates that prosecutors' discovery efforts cannot be deemed reasonable or diligent if they failed to fulfill constitutional obligations to evaluate and disclose evidence under state and federal constitutions
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Amends Criminal Procedure Law Section 245.50 by adding a new subdivision governing judicial review of certificate of compliance challenges
Legislative Description
Requires a court to evaluate whether the prosecution has established that the certificate of compliance or supplemental certificate of compliance was filed in good faith after exercising due diligence and making reasonable inquiries to learn of the discovery.
Last Action
REFERRED TO CODES
1/7/2026