York State Bar Association Task
Force on Criminal Discovery
Litigants in civil lawsuits in New York State have the opportunity by way of the process referred to as “discovery and inspection” or “disclosure” to learn about facts and evidence forming the basis for the other side’s case.
New York’s criminal discovery statute, however, defendants are often denied
access to comparable information.
Furthermore, important materials that are disclosed are often turned
over at a very late stage of the case.
In order to identify and address
issues necessary to enhance the fair and effective operation of the criminal
justice system in New York State, the Task Force shall consider and examine all
issues it deems necessary, including but not limited to those topics set forth
Task Force shall consider all appropriate statutes and standards of criminal
discovery implemented by other states and the federal government.
the Task Force shall consider the following:
of New York State’s Criminal Procedure Law regarding early, broad, and automatic
discovery in criminal cases;
the Defendant with the names, addresses, and statements of witnesses;
of information to only defense attorneys;
before pleas of “guilty”;
disclosure by defense attorneys;
of information or evidence that tends to negate guilt or mitigate culpability;
to expedite the flow of information between police and prosecutors.
The Report and Recommendations of the Task Force shall be submitted to the Executive Committee and/or House of Delegates, as directed by the President.