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CPL 245 — Discovery Rights
CPL 245 (Criminal Procedure Law Article 245) is New York's discovery statute, completely revised in 2020. It is one of the most powerful tools available to defendants.
What the prosecution MUST disclose: • All police reports, arrest reports, and follow-up reports • All statements made by the defendant (written or recorded) • All statements of witnesses the prosecution intends to call • All exculpatory material (evidence that tends to prove your innocence) • Expert witness reports and lab results • Body camera footage and surveillance video • Grand jury minutes upon request
The Timeline: Under CPL 245.10, the prosecution must provide automatic discovery within: • 15 days after arraignment for a felony • 20 days for a misdemeanor (if defendant is detained) • 35 days for a misdemeanor (if defendant is released)
Failure to Comply: If the prosecution fails to meet CPL 245 deadlines without good cause, the court may: • Preclude the evidence or testimony • Grant a continuance • Dismiss charges in egregious cases
Always file a formal written demand even though disclosure is "automatic" — it creates a documented record. Every piece of discovery not disclosed on time is a potential motion.