Relates to exculpatory material

Section 2 of the bill amends Subdivision 1 of CPL §240.20 to add a new paragraph 1 to provide the circumstances under which a prosecutor must disclose information resulting from DNA testing.

Section 3 of the bill amends Subdivision 1 of CPL §44.10 to add a new paragraph j to provide the circumstances under which a court may vacate a judgment for failure of the prosecution to provide to the defense exculpatory information as required by law.

Section 4 of the bill provides the effective date.

Justification

This is one of six bills that are based on the recommendations of the Task Force on Wrongful Convictions of the New York State Bar Association. That Task Force was created in 2008, and examined 53 cases where a defendant was wrongfully convicted of a crime and later exonerated. Through this study, the Task Force identified what it found to be the causes of these mistakes. Its report was approved by the Bar Association in 2009, and this bill is intended to address one of the causes that were so identified.

All prosecutors in all cases have an obligation to deliver exculpatory and favorable information to the defense relevant to the issues of guilt and punishment. In Brady 7.1 Maryland, where the evidence was relevant to the determining punishment, the U.S. Supreme Court held that the turnover of the information is a requirement of due process. 373 U.s. at 86-89.

New York State has set the rule with equal clarity. People v Santorelli, 95 N.Y.2d 412, 421 (2000), cert. denied, 532 U.S. 1008 (2001); People v Baxley, 84 N.Y.2d 208, 212-14 (1994).

The obligation of prompt turnover is a continuing one triggered by Brady material coming to the knowledge of anyone working on or associated with the investigation of the case. By statute, Criminal Procedure Law section 240.20, delivery is required once a pretrial defense motion is made and granted. However, Brady material is often not delivered until just before the trial begins or during the trial even if the state is in possession of the information earlier. It has been held that the failure to give the defense exculpatory evidence, which the prosecutor had for several months, until the eve of trial was inexcusable. People v Baba-Ali, 179 AD.2d at 729-30.

The cases studied by the Task Force, as well as its sampling of decisions, show that Brady violations are a continuing problem, denying the defendant a fair opportunity to organize and present his case. This bill is intended to better assure compliance by the creation of new rules applicable to the delivery of Brady material.

The bill defines "exculpatory information" to clarify which materials must be delivered. It also sets time deadlines for delivery, makes clear that the obligation is continuing and that it applies to materials in the possession of agencies assisting the prosecution. A pre-trial conference would be required, where the court would receive a certification from the prosecutor that there has been compliance and examine into any outstanding issues. Finally, the bill authorizes various sanctions for noncompliance to be imposed at the court's discretion, and provides for reference to a disciplinary body where a failure to comply is intentional or reckless. Together, these provisions should far improve compliance with Brady obligations.

Legislative history

New bill.

Fiscal impact

To be determined.

Effective date

This act shall take effect on the sixtieth day after becoming law.