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.
STATE OF NEW YORK
________________________________________________________________________
5600
2019-2020 Regular Sessions
IN ASSEMBLY
February 13, 2019
___________
Introduced by M. of A. MANKTELOW -- Multi-Sponsored by -- M. of A.
DeSTEFANO, McDONOUGH -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to corrective
remedies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 240.46 to read as follows:
3 § 240.46 Corrective remedies.
4 A violation of section 240.45 will entitle a party to a corrective
5 remedy under subdivision one of section 240.70 only if the party's
6 substantial rights are affected, and only to the extent required to cure
7 the prejudice to those rights. A court shall not set aside a conviction,
8 or reverse or modify a judgment, on account of a violation of section
9 240.45 unless the defendant demonstrates that his or her substantial
10 rights are affected.
11 § 2. This act shall take effect on the first of November next succeed-
12 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08943-01-9
