Tuesday, March 15, 2016

Gun Court - proposed voluntary discovery agreement

As correctly noted by my good pal Anonymous, I neglected to post the Gun Court voluntary discovery agreement - here it is: 

CR # ________________ 

It is hereby agreed between the parties to the above-entitled action: 

1. For those criminal cases referred to the Monroe County Gun Crimes Part, the District Attorney of Monroe County will, as soon as practicable, provide pre-indictment discovery to the defendant’s attorney of record, for the purpose of facilitating potential plea discussions. Discoverable materials include those items set forth in CPL Section 240.20(1) and may include, where applicable, the defendant’s DCJS record, any relevant medical records which the District Attorney obtains, any warrants issued in connection with the case, any photographs shown to the witnesses in a procedure conducted to determine the identity of the perpetrator of the crimes charged and all police reports and memoranda relating to the criminal charges set forth under the above-referenced crime report number. The District Attorney of Monroe County, however, reserves the right to redact from the items listed above, any information which, she, in her complete discretion, deems confidential. 

2. The defendant will, as soon as practicable, disclose to the District Attorney all materials discoverable by a prosecutor pursuant to CPL Section 240.30(1) which may be material and relevant to the pre-indictment discussions. 

3. Each party may inspect, photograph, copy or test any item disclosed by the other party pursuant to paragraphs (1) and (2) above, upon an appointment made at least two (2) days in advance, provided that suitable arrangements are made to preserve the chain of custody and integrity of any items taken for testing. 

4. Both parties recognize that the duty of disclosure imposed by paragraphs (1) and (2) of this agreement is voluntary and is a continuing one. In the event that the above-referenced crime matter cannot be resolved by a Superior Court Information but rather, is presented to a Monroe County Grand Jury and an indictment or prosecutor’s information is returned, materials subject to disclosure as contemplated within this agreement, pursuant to CPL Section 240.20 (1), will be disclosed within thirty (30) days of arraignment. Moreover, the defendant shall, within thirty (30) days of arraignment, disclose to the District Attorney all materials discoverable by a prosecutor pursuant to CPL 240.30 (1). 

Materials subject to disclosure under this agreement which are obtained after the thirty (30) day periods specified herein, will be disclosed within fifteen (15) days after they are obtained, or prior to the commencement of trial, whichever occurs first. 

5. In the event that an indictment or prosecutor’s information is handed up by a grand jury and voluntary disclosure has been provided pursuant to paragraph (4) of this agreement, the defendant will not submit requests, demands or motions pursuant to CPL Sections 200.95; 240.20; or 240.40(1) seeking any particular discovery materials previously provided by the District Attorney and the District Attorney will not submit any demands or motions pursuant to CPL Sections 240.30 or 240.40(2)(a) seeking any particular discovery previously provided by the defendant; however either party may submit requests or demands for any materials subject to disclosure under CPL Article 240 which have not been previously provided under the agreement. Furthermore, either party may file a written motion within forty-five (45) days of defendant’s arraignment, except that such motion may, for good cause shown, be made at any time before commencement of trial. 

6. The District Attorney reserves the right to submit a written motion pursuant to CPL Section 240.40(2)(b) for the provision of non-testimonial evidence. 

7. The District Attorney consents to an enlargement of defendant’s time in which to serve a Notice of Alibi pursuant to CPL Section 250.20 until forty-five (45) days after defendant’s arraignment on the indictment or prosecutor’s information. 

8. The parties will exchange lists of the witnesses whom they expect to call in their direct cases at trial, immediately prior to the commencement of trial. 


  1. It appears that you folks up in Rochester will be getting, pre-indictment, some materials that we on Long Island don't get after indictment [at least not without a lot of screaming, cajoling, etc.