NEW COURT RULE STATES PROSECUTORS ARE REQUIRED TO DISCLOSE ALL EVIDENCE, INCLUDING EVIDENCE FAVORABLE TO THE DEFENSE

Prior results do not guarantee a similar outcome.

Earlier this year a new court rule went into effect for criminal cases . Pursuant to the rule, codified at 22 NYCRR 200.16 courts in criminal cases where indictments or informations are pending are required to issue orders to counsel and upon a written demand by the defense, prosecutors are required to disclose exculpatory and otherwise favorable evidence to the defense.

Although this was previously required by the Supreme Court of the United States under the authority of Brady v Maryland 373 U.S. 83 ; Giglio v. United States, 405 U.S. 150 and Kyles v. Whitley 514 U.S. 419, as well as the New York Court of Appeals under People v. Vilardi 76 N.Y.2d 67 ; People v Hunter; 11 N.Y.3d and People v Novoa, 70 N.Y.2d 490, and NY Criminal Procedure law section 240.20 1 (h), this order has been established by directive of the Chief Judge of the NY Court of Appeals after receiving recommendations from the Task Force On Justice.

In establishing this bold rule courts recognize the need to eradicate wrongful convictions.

Not only must the prosecution disclose evidence which is in their possession which exonerates the accused, but the order also recognizes the need for disclosure of favorable evidence which includes evidence which weakens the prosecution case such as criminal histories of prosecution witnesses as well whether any prosecution witness was under some type of mental or physical condition which impacted the witness' ability to perceive or recall the events about which they testify and other evidence that can be used to impeach prosecution witnesses.

The order also requires defense attorneys to properly investigate the case in order to effectively represent their clients.

In cases of felonies, the prosecution's disclosure of such material prior to 30 days of trial is presumptively timely disclosure and in cases of misdemeanors, disclosure of such material prior 15 days of trial is presumptively timely.

If you or someone you know is charged with a crime, contact an experienced attorney immediately in order to protect the rights of the accused.

The attorneys at Larkin, Ingrassia & Tepermayster, LLP have vast experience in effectively and successfully representing individuals accused of crimes.

Call us for a free criminal case consultation.