2006 New York Code - Discovery; Upon Demand Of A Party.

 
    §  331.2.  Discovery;  upon demand of a party. 1. Except to the extent
  protected by court order, upon a demand to produce by a respondent,  the
  presentment  agency  shall disclose to the respondent and make available
  for inspection, photography, copying or testing, the following property:
    (a) any written, recorded or oral statement of the respondent, or by a
  co-respondent,  made,  other  than  in  the  course  of   the   criminal
  transaction,  to a public servant engaged in law enforcement activity or
  to a person then acting under his direction or in cooperation with him;
    (b) any transcript of testimony relating  to  the  proceeding  pending
  against  the respondent, given by the respondent, or by a co-respondent,
  before any grand jury;
    (c) any written report or document, or portion thereof,  concerning  a
  physical  or  mental  examination,  or  scientific  test  or experiment,
  relating to the proceeding which was made  by,  or  at  the  request  or
  direction  of  a  public  servant engaged in law enforcement activity or
  which was made by a person whom the presentment agency intends  to  call
  as  a  witness  at a hearing, or which the presentment agency intends to
  introduce at a hearing;
    (d) any photograph or drawing relating to  the  proceeding  which  was
  made  or  completed  by  a  public  servant  engaged  in law enforcement
  activity, or which was made by a  person  whom  the  presentment  agency
  intends  to  call  as  a  witness at a hearing, or which the presentment
  agency intends to introduce at a hearing;
    (e)  any  other  property  obtained   from   the   respondent   or   a
  co-respondent;
    (f)  any  tapes  or  other electronic recordings which the presentment
  agency intends to introduce at the fact-finding hearing, irrespective of
  whether such recording was  made  during  the  course  of  the  criminal
  transaction;
    (g)  anything  required  to  be  disclosed,  prior to the fact-finding
  hearing, to the respondent by the presentment agency,  pursuant  to  the
  constitution of this state or of the United States; and
    (h) the approximate date, time and place of the offense charged and of
  respondent's arrest.
    2. (a) The presentment agency shall make a diligent, good faith effort
  to  ascertain the existence of property demanded pursuant to subdivision
  one and to cause such property to be made available for discovery  where
  it exists but is not within the presentment agency's possession, custody
  or  control; provided, that the presentment agency shall not be required
  to obtain by subpoena duces tecum demanded material which the respondent
  may thereby obtain.
    (b) In any case in which the property includes grand  jury  testimony,
  the  presentment  agency  shall  forthwith  request  that  the  district
  attorney provide a transcript of such testimony; upon receiving  such  a
  request,  the  district attorney shall promptly apply to the appropriate
  criminal court, with written notice to the presentment  agency  and  the
  respondent,  for  a  written  order  pursuant  to  section three hundred
  twenty-five of the judiciary law releasing a transcript of testimony  to
  the presentment agency.
    3.  Except  to  the  extent  protected  by court order, upon demand to
  produce by the presentment agency, the  respondent  shall  disclose  and
  make  available for inspection, photography, copying or testing, subject
  to constitutional limitations:
    (a) any written report or document, or portion thereof,  concerning  a
  physical  examination,  or  scientific  test, experiment, or comparison,
  made by or at the request  or  direction  of,  the  respondent,  if  the
  respondent intends to introduce such report or document at a hearing, or
  if  the  respondent  has  filed a notice of defense of mental disease or


  defect pursuant to section 335.1 and such  report  or  document  relates
  thereto,  or if such report or document was made by a person, other than
  respondent, whom respondent intends to call as a witness at  a  hearing;
  and
    (b)  any photograph, drawing, tape or other electronic recording which
  the respondent intends to introduce at a hearing.
    4. Except to the extent protected  by  court  order,  upon  demand  to
  produce by the presentment agency, a respondent who has served a written
  notice,  under  section  335.1, of intention to rely upon the defense of
  mental  disease  or  defect  shall  disclose  and  make  available   for
  inspection,  photography,  copying or testing, subject to constitutional
  limitations,  any  written  report  or  document,  or  portion  thereof,
  concerning  a  mental examination made by or at the request or direction
  of the respondent.
    5. The respondent shall make a diligent good faith effort to make such
  property available for discovery pursuant to subdivisions three and four
  where it exists but the property is not within his  possession,  custody
  or control, provided that the respondent shall not be required to obtain
  by  subpoena  duces  tecum demanded material that the presentment agency
  may thereby obtain.
    6. Notwithstanding the provisions of subdivisions  one  through  five,
  the presentment agency or the respondent, as the case may be, may refuse
  to  disclose  any  information  which  he  reasonably  believes  is  not
  discoverable by a demand to produce, or for which he reasonably believes
  a protective order pursuant to section 331.5 would  be  warranted.  Such
  refusal  shall  be made in writing, which shall set forth the grounds of
  such belief as fully as possible, consistent with the objective  of  the
  refusal. The writing shall be served upon the demanding party and a copy
  shall be filed with the court.