Wednesday, March 20, 2013

A Sample Criminal Demand For Discovery NY

Posted on 2013-03-20 09:07:13

Here is a form Demand for discovery for anyone who needs a good sample Contact me if you need further assistance

PLEASE TAKE NOTICE that the defendant hereby demands, pursuant to C.P.L. section 240.20, that the District Attorney to produce, deliver, disclose and make available for inspection, photographing, copying or testing the following materials:
(a) Any written, recorded, or oral statement (if oral, a written detailed summary thereof) of the defendant and of any co-defendant, made to a public servant engaged in law enforcement activities or to any person acting under such public servant’s direction or in cooperation with such public servant; if none, so indicate.
(b) Any written report or document, or portion thereof concerning physical or mental examinations, scientific tests, and/or experiments, relating to the pending charge of Driving While Intoxicated and made by, or at the request or direction of a public servant engaged in law enforcement activity.
(c) A copy of all routine police reports concerning the instant case except to the extent that they contain legal opinions or theories which fit within the exclusion for attorney’s work-product. C.P.L. section 240.10(3).
The material requested should include, inter alia, if applicable the following:
  1. Alcohol/Drug Influence Report For;
  2. Breathalyzer Test Record&Breathalyzer; Operational Check List;
  3. Central Testing Unit Work Sheet;
  4. Report of Refusal to Submit to Chemical Test;
  5. Simulator Maintenance Log for Unit Used;
  6. Breathalyzer Maintenance Log for Unit Used;
  7. Breathalyzer Ampoule Test Record.
(d) Defendant’s breath sample which was analyzed by the police in this case and any and all additional breath samples taken from defendant at about that time.
(e) The glass ampoule used in the breathalyzer machine used during defendant’s breathalyzer examination.
Any supporting depositions, or statements, made by the alleged victim(s) or complaining witness (es) upon which the charges in this proceeding are founded; if none, so indicate.
Any photograph or drawing relating to or made in connection with this criminal proceeding, made by a public servant engaged in law enforcement activities, or by any person acting under said public servant’s direction, or in cooperation with said public servant, including but not limited to the following:
a. Crime scene photographs and drawings;
b. Arrest photography of the defendant;
c. Any line-up photographs;
d. All photographs exhibited to witnesses, including that of the defendant and of all other persons involved in any photographic identification proceedings, whether or not identification was made by a witness;
e. Any composite sketch or drawing attempting to depict a perpetrator of the crimes alleged in this proceeding;
f. Photographs of any witnesses or of alleged victims showing the physical condition of that person or person;
g. Photographs of any property involved in the pending case, including property alleged to have been stolen or property alleged to have been taken or seized from the defendant or the co-defendant(s);
with respect to any of the above, if none exist, so indicate.
Any property seized or otherwise obtained from the defendant or co-defendant; if none, so indicate.
Any tapes or other electronic recordings made in connection with this case which the District Attorney intends to introduce at trial; if none, so indicate.
Any alarm, warrant or other directive issued by any law enforcement agency in connection with this case; if none, so indicate.
Any potentially favorable evidence that tends to negate the guilt of the defendant, mitigates the degree of the offense, or reduces the punishment; if none, so state.
Names and addresses of any eye witness(es) or any identification witness(es).
Any written or recorded statement, including any testimony before a grand jury, made by a person whom the prosecutor intends to call as a witness at trial, and which relates to the subject matter of the witness’s testimony.
A record of judgment of conviction of a witness the People intend to call at trial if the record of conviction is known by the prosecutor to exist, including, but not limited to, a New York State Identification and Information Service (N.Y.S.I.I.S.) report of every witness the People intend to call at trial.
The existence of any pending criminal action against a witness the People intend to call at trial, if the pending criminal action is known by the prosecutor to exist.
The items sought are either within the possession, custody or control of the District Attorney, the existence of which is know, or by the exercise of diligence, should become known to the District Attorney.

It is submitted that absent extremely extenuating circumstances, failure by the District Attorney to communicate with any and all members of police agencies or other agents involved in the instant case or prospective witnesses herein for the People regarding said evidence and materials, prior to the ‘‘eve’’ of the trial, does not constitute ‘‘due diligence’’ pursuant to C.P.L. section 240.20(1) (b).
The defendant hereby request all radio, motor patrol transmissions and 911 tapes be preserved and copied be made available to the defendant and that even if the request for copies is denied the persecution is put on notice that these materials are specifically requested and are Rosario and Brady material under People v. Dudley, 538 NY2d 57 (1989) and must be provided to him on or before trial.
3/20/13 Buffalo NY
  City Court   J John Sebastian Attorney

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