§ 245.75 — Waiver of discovery by defendant

New York § 245.75

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title J: Prosecution of Indictments In Superior Courts--plea to Sentence
• Part 2: The Principal Proceedings
• Art. 245: Discovery

Text

§ 245.75 Waiver of discovery by defendant.\n 1. A defendant who does not seek discovery from the prosecution under\nthis article shall so notify the prosecution and the court at the\ndefendant's arraignment on an indictment, superior court information,\nprosecutor's information, information, or simplified information, or\nexpeditiously thereafter but before receiving discovery from the\nprosecution pursuant to subdivision one of section 245.20 of this\narticle, and the defendant need not provide discovery to the prosecution\npursuant to subdivision four of section 245.20 and section 245.60 of\nthis article. A waiver shall be in writing, signed for the individual\ncase by the counsel for the defendant and filed with the court. The\ncourt shall inquire of the defendant on the record to ensure that the\ndefendant understands his or her right to discovery and right to waive\ndiscovery. Such a waiver does not alter or in any way affect the\nprocedures, obligations or rights set forth in sections 250.10, 250.20\nand 250.30 of this title, or otherwise established or required by law.\nThe prosecution may not condition a guilty plea offer on the defense's\nexecution of a waiver under this section. Counsel for the defendant may\nadvise his or her client about the defendant's right to discovery and\nright to waive discovery; such advice shall not constitute a condition\nof a guilty plea.\n 2. Nothing in this section shall prevent the waiver of discovery from\nbeing a condition of the repleader, where the defendant's original\nconviction is vacated on agreement between the parties pursuant to\nsection 440.10 of this part.\n