New York Laws
Article 245 - Discovery
245.25 - Disclosure Prior to Certain Guilty Pleas.

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, all items and
information that would be discoverable prior to trial under subdivision
one of section 245.20 of this article and are in the possession, custody
or control of the prosecution. The prosecution shall disclose the
discoverable items and information not less than three calendar days
prior to the expiration date of any guilty plea offer by the prosecution
or any deadline imposed by the court for acceptance of the guilty plea
offer. If the prosecution does not comply with the requirements of this
subdivision, then, on a defendant's motion alleging a violation of this
subdivision, the court must consider the impact of any violation on the
defendant's decision to accept or reject a plea offer. If the court
finds that such violation materially affected the defendant's decision,
and if the prosecution declines to reinstate the lapsed or withdrawn
plea offer, the court - as a presumptive minimum sanction - must
preclude the admission at trial of any evidence not disclosed as
required under this subdivision. The court may take other appropriate
action as necessary to address the non-compliance. The rights under this
subdivision do not apply to items or information that are the subject of
a protective order under section 245.70 of this article; but if such
information tends to be exculpatory, the court shall reconsider the
protective order. A defendant may waive his or her rights under this
subdivision; but a guilty plea offer may not be conditioned on such
waiver.

2. Other guilty pleas. Upon an indictment, superior court information,
prosecutor's information, information, simplified information, or
misdemeanor complaint, where the prosecution has made a 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, all items and information that would be discoverable prior to
trial under subdivision one of section 245.20 of this article and are
within the possession, custody or control of the prosecution. The
prosecution shall disclose the discoverable items and information not
less than seven calendar days prior to the expiration date of any guilty
plea offer by the prosecution or any deadline imposed by the court for
acceptance of the guilty plea offer. If the prosecution does not comply
with the requirements of this subdivision, then, on a defendant's motion
alleging a violation of this subdivision, the court must consider the
impact of any violation on the defendant's decision to accept or reject
a plea offer. If the court finds that such violation materially affected
the defendant's decision, and if the prosecution declines to reinstate
the lapsed or withdrawn plea offer, the court - as a presumptive minimum
sanction - must preclude the admission at trial of any evidence not
disclosed as required under this subdivision. The court may take other
appropriate action as necessary to address the non-compliance. The
rights under this subdivision do not apply to items or information that
are the subject of a protective order under section 245.70 of this
article; but if such information tends to be exculpatory, the court
shall reconsider the protective order. A defendant may waive his or her
rights under this subdivision; but a guilty plea offer may not be
conditioned on such waiver. Notwithstanding the timelines contained in
the opening paragraph of paragraph (a) of subdivision one of section
245.10 of this article, the prosecutor's discovery obligation under
subdivision one of section 245.20 of this article shall be performed as
soon as practicable, but not later than fifteen days before the trial of

a simplified information charging a traffic infraction under the vehicle
and traffic law, or by an information charging one or more petty
offenses as defined by the municipal code of a village, town, city, or
county, that do not carry a statutorily authorized sentence of
imprisonment, and where the defendant stands charged before the court
with no crime or offense, provided however that nothing in this
subdivision shall prevent a defendant from filing a motion for
disclosure of such items and information under subdivision one of such
section 245.20 of this article at an earlier date.

3. Repleader. Nothing in this section shall prevent the waiver of
discovery from being a condition of a repleader, where the defendant's
original conviction is vacated on agreement between the parties pursuant
to section 440.10 of this part.