A05596 Summary:

BILL NO    A05596 

SAME AS    No same as

SPONSOR    Oaks (MS)

COSPNSR    Finch, Kolb

MLTSPNSR   Alfano, Barra, Calhoun, Crouch, Errigo, Jordan, McDonough, Townsend

Add S240.46, CP L

Permits corrective remedies, including but not limited to, preclusion, reversal
or modification for violations of certain discovery rules in criminal
proceedings only when substantial rights of the party are affected and such
remedies shall be available only to the extent to correct prejudice caused by
the violation.

A05596 Actions:

BILL NO    A05596 

02/13/2009 referred to codes
05/27/2009 held for consideration in codes
01/06/2010 referred to codes

A05596 Votes:

A05596 Memo:

 BILL NUMBER:  A5596

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to corrective remedies
 PURPOSE OR GENERAL IDEA OF BILL : To require that a criminal
defendant demonstrate a substantial right has been affected before
he/she is entitled to any corrective remedy for a discovery violation
by the prosecutor.

 SUMMARY OF SPECIFIC PROVISIONS : This bill enacts a new Section
240.46 in the Criminal Procedure Law that provides that no remedy of
preclusion, reversal or modification of a judgment shall be granted to
a criminal defendant due to a violation of the pre-trial and trial
discovery provisions (CPL S240.44, 240.45) unless the defendant
demonstrates a substantial right has been affected.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Violations of
the so-called  ROSARIO  rule (People v. Rosario, 9 NY2d 286) where the
People fail to turn over to the defendant certain discovery material
results in a reversal of the conviction and a new trial (People v.
Ranghelle, 69 NY2d 56).  As prerequisite to a reversal and a new
trial, this bill would require that a defendant seeking the remedy
demonstrate prejudice.

 JUSTIFICATION : This bill balances the need of a criminal defendant
to obtain discovery material with the practicality of running a
prosecutor's office.  If  ROSARIO  material is inadvertently not
turned over, a defendant should have to demonstrate that this somehow
prejudiced his case before he or she receives a reversal and a new
trial.  Automatic reversals are drastic remedies and are costly both
as to prosecutor's time and court congestion.  This bill constitutes a
corrective measure, striking a balance among the various interests.

 PRIOR LEGISLATIVE HISTORY :
2002 held for consideration in codes.
2003-'04 held for consideration in codes.
2005-'06 held for consideration in codes. (A4666) 2007-'08 held for
consideration in codes. (A3719)

 FISCAL IMPLICATIONS :  None.

 EFFECTIVE DATE : November 1 after it shall have been enacted.