Discovery is the process when parties in a legal proceedings disclose documents, evidence, and other materials to each other. Discovery in New York Criminal law is controlled by New York Criminal Procedure Law, which is explained below.
The following definitions are applicable when it comes to discovery in the state of New York: “Demand to produce” actually means a written notice that’s been served by and on a party to a criminal action, without any leave of the court, that demands to inspect property in regards to this article and give reasonable notice of the time when the demanding party wants to inspect the property. “Attorneys’ work product” basically means property to the extent that it will contain the opinions, theories, or even conclusions of the prosecutor, defense counsel, or else the members of their legal staff. “Property” actually means any existing tangible personal or else real property, including books, records, reports, memoranda, papers, photos, tapes or other electronic recordings of all kinds, articles of clothing, fingerprints, blood samples, fingernail scrapings or other handwriting specimens, but this is excluding the attorneys’ work product. “At the trial” basically means as part of the people’s or the defendant’s direct case.
Discovery on Demand of Defendant
Except to the extent that’s protected by a court order, on demand to produce by a defendant who has an indictment, superior court information, prosecutor’s information, information, or else a simplified information that charges a misdemeanor pending, the prosecutor will disclose to the defendant and make available for inspection, photographing, copying or even testing, the following property: any written, recorded or even oral statement of the defendant, and of a co-defendant who will be tried jointly made, other than in the normal course of the criminal transaction, to a public servant who’s engaged in law enforcement, or else to a person who’s then acting under his or her direction or in cooperation with him or her, any transcript of testimony that relates to the criminal action, or the proceeding that’s pending against the defendant, given by the defendant, or by a co-defendant in order to be tried jointly and before any grand jury, any written report or document, or portion of one, that concerns a physical or even mental examination, or scientific test or experiment that relates to the criminal action or proceeding which was made by, or else at the request or direction of a public servant who’s engaged in law enforcement activity, or which was made by a person who the prosecutor has the intention of calling as a witness at trial, or which the people have the intention of introducing at trial, any photograph or drawing that relates to the criminal action or proceeding, which was made or else completed by a public servant who’s engaged in law enforcement, or which was made by a person who the prosecutor has the intention of calling as a witness at trial, or which the people have the intention to introduce at trial, any photo, photocopy or other reproduction that was made by or at the direction of a police officer or prosecutor of any property before its release, regardless of whether the people have the intention to introduce at trial the property or the photograph, photocopy, or other reproduction.
Also, any other property obtained from the defendant, or a co-defendant who will be tried jointly, any tapes or other electronic recordings that the prosecutor has the intention of introducing at trial, regardless of whether this recording was made during the course of the criminal transaction, anything required to be disclosed prior to trial, to the defendant and by the prosecutor, pursuant to the constitution of the state of New York or of the United States. Also, the approximate date, time, as well as place of the crime charged and of the defendant’s arrest. Lastly, in any prosecution under penal law section 156.05 or 156.10, the time, place, and manner of notice that’s given pursuant to subdivision six of section 156.00 of the law.
While the letter of the law can at times seem complicated or confusing, it doesn’t always have to be. At Joseph Potashnik and Associates, PC, the people always come first. Let our NYC criminal lawyers help you, and make the first step by getting in touch with us today. It’ll be the best thing you do today.