by admin | May 14, 2021 | Criminal Procedure, New York
Where property in the prosecution’s possession, custody, or control consists of a deoxyribonucleic acid (“DNA”) profile obtained from probative biological material gathered in connection with the investigation of the crime, or the defendant, or the...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Availability. After the filing of an accusatory instrument, and subject to constitutional limitations, the court may, upon motion of the prosecution showing probable cause to believe the defendant has committed the crime, a clear indication that relevant material...
by admin | May 14, 2021 | Criminal Procedure, New York
To facilitate compliance with this article, and to reduce or streamline litigation of any disputes about discovery, the court in its discretion may issue an order:1. Requiring that the prosecutor and counsel for the defendant diligently confer to attempt to reach an...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Order to preserve evidence. At any time, a party may move for a court order to any individual, agency or other entity in possession, custody or control of items which relate to the subject matter of the case or are otherwise relevant, requiring that such items be...
by admin | May 14, 2021 | Criminal Procedure, New York
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,...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Initial discovery for the defendant. The prosecution shall disclose to the defendant, and permit the defendant to discover, inspect, copy, photograph and test, all items and information that relate to the subject matter of the case and are in the possession,...
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