The year 2019 was a monumental one in New York for the State’s criminal justice system. The Legislature enacted substantial reforms to the State’s bail system, speedy trial requirements, and criminal discovery procedures. However, the reforms proved to be extremely costly mandates on local governments with respect to automatic disclosure of evidence in criminal proceedings. As part of the 2020 New York State budget and at NYCOM's urging, amendments were made to the 2019 reforms that lessen the operational and financial burdens on local governments while maintaining the intent of the original reforms.
This webinar will provide an overview of the NYS Criminal Procedure Law’s new discovery requirements including the obligation for prosecutors to automatically provide initial discovery within 35 calendar days of a defendant’s arraignment unless the defendant is in custody, in which case the prosecutor must provide discovery within 20 calendar days of the defendant’s arraignment. The webinar will also discuss the procedure for providing discovery in cases of traffic infractions and city, village, town, or county-defined offenses that do not carry a statutorily authorized sentence of imprisonment. Finally, the webinar will address the handling of (a) voluminous discovery obligations, including body camera evidence, and (b) witness and victim information.
Wade Beltramo, NYCOM General Counsel
Howard E. Colton, Village Attorney, Village of Freeport