Motion for Discovery (Criminal) - New York

MOTION FOR DISCOVERY (CRIMINAL) — NEW YORK

Table of Contents

1. Caption
2. Introduction
3. Statement of Facts
4. Legal Authority
5. Brady/Giglio Obligations
6. Categories of Discovery Requested
7. Good Faith Certification
8. Proposed Order
9. Certificate of Service
10. New York Practice Notes

1. Caption

[________________________________] COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

2. Introduction

NOW COMES the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, [ATTORNEY NAME], Esq., and respectfully moves this Honorable Court for an Order compelling the People of the State of New York to provide complete discovery in accordance with Article 245 of the New York Criminal Procedure Law, the Due Process Clauses of the United States and New York Constitutions, and the principles established in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972).

3. Statement of Facts

1. On or about [__/__/____], the Defendant was arraigned on [☐ an indictment / ☐ a felony complaint / ☐ a misdemeanor complaint] charging [________________________________].

2. The Defendant is currently [☐ in custody / ☐ released on bail / ☐ released on recognizance / ☐ under supervised release].

3. Under CPL § 245.20(1), the People were required to disclose all automatic discovery materials within [☐ 20 days (in custody) / ☐ 35 days (not in custody)] of arraignment, i.e., by [__/__/____].

4. The People [☐ have not filed a Certificate of Compliance / ☐ filed a Certificate of Compliance on [__/__/____] that is deficient because [________________________________] / ☐ have failed to disclose the following specific categories: [________________________________]].

5. Defense counsel has made [written / oral] requests to the [________________________________] District Attorney's Office seeking compliance.

4. Legal Authority

A. CPL Article 245 — Discovery

New York's 2020 discovery reform constituted a "sea change" in criminal discovery procedure. People v. King, 42 NY3d 424, 427 (2024). The statute imposes automatic disclosure obligations on the prosecution, eliminating the prior system of demand-based discovery.

B. CPL § 245.20(1) — Automatic Discovery

The People must disclose "all items and information that relate to the subject matter of the case and are in the possession, custody or control of the prosecution or persons under the prosecution's direction or control," including but not limited to twenty-one enumerated categories of material. CPL § 245.20(1)(a)-(u).

C. CPL § 245.10(1) — Timing

Disclosure must be made within 20 days of arraignment when the defendant is in custody, and within 35 days when the defendant is not in custody. CPL § 245.10(1)(a)(i)–(ii). (The initial period may be stayed up to an additional 30 days for exceptionally voluminous materials or materials not yet in the prosecution's actual possession — CPL § 245.10(1)(a); § 245.70(2).)

D. CPL § 245.50 — Certificate of Compliance

The People must file a Certificate of Compliance (COC) after exercising due diligence, acting in good faith, and making reasonable inquiries and efforts to obtain and provide required discovery. A COC challenge must be made by motion. If the prosecution filed an indictment or information before filing the COC, a validity challenge ordinarily must be made within 35 days after service of the COC and must include an affirmation describing timely good-faith conferral efforts, the specific and particularized issues raised, the unsuccessful efforts to obtain the material or resolve the issues, and the absence of an accommodation. CPL § 245.50(4).

A later challenge is permitted when based on a material change in circumstances, including belated disclosure, or when the defense could not with due diligence have known the specific grounds earlier. The court assesses due diligence holistically under the statutory factors and may not invalidate a COC when the filing party exercised due diligence and acted in good faith. CPL § 245.50(4)-(6); People v. Bay, 41 NY3d 200 (2023).

E. CPL § 245.80 — Remedies for Non-Compliance

For belated disclosure, the court must impose a remedy or sanction appropriate and proportionate to the prejudice suffered and must allow reasonable time to prepare and respond. Available relief may include further discovery, a continuance, reopening a hearing, recalling a witness, an adverse inference, preclusion, evidentiary relief, a mistrial, or other just relief. Dismissal requires consideration of all other remedies and a finding that dismissal is appropriate and proportionate to the prejudice suffered. CPL § 245.80.

5. Brady/Giglio Obligations

Under CPL § 245.20(1)(k), the People must disclose:

"All evidence and information, including that which is known to police or other law enforcement agencies acting on the government's behalf in the case, that tends to... impeach the credibility of a testifying prosecution witness."

The Defendant specifically requests all Brady/Giglio material, including:

☐ Any and all exculpatory evidence tending to negate guilt or reduce punishment

☐ Any and all impeachment material relating to prosecution witnesses, including:

• Prior inconsistent statements
• Benefits, promises, or inducements offered to witnesses
• Prior criminal convictions or pending charges
• Evidence of bias, motive, or interest
• Disciplinary records and internal affairs files of law enforcement witnesses
• Allegations of misconduct against law enforcement witnesses (CPL § 245.20(1)(k)(iv))

☐ Evidence suggesting alternative suspects

☐ Evidence of witness misidentification or recantation

☐ Evidence contradicting the prosecution's theory

6. Categories of Discovery Requested

Pursuant to CPL § 245.20(1), the Defendant requests:

A. Defendant's and Co-Defendant's Statements (CPL § 245.20(1)(a))

☐ All written or recorded statements of the Defendant
☐ All written or recorded statements of any co-defendant
☐ Substance of all oral statements of the Defendant to law enforcement
☐ Grand jury testimony of the Defendant

B. Witness Statements and Information (CPL § 245.20(1)(b)-(c))

☐ Names and adequate contact information for all persons with knowledge of the case whom the People intend to call as witnesses
☐ All written or recorded statements of witnesses
☐ Grand jury testimony of all prosecution witnesses
☐ Witness cooperation agreements or plea agreements

C. Expert Opinion Evidence (CPL § 245.20(1)(d))

☐ All expert opinion reports and underlying data
☐ Expert qualifications and curriculum vitae
☐ Bench notes, raw data, and testing protocols
☐ Chain of custody documentation

D. Electronic Recordings (CPL § 245.20(1)(e))

☐ All electronically recorded or stored information, including:

• Body-worn camera footage
• Dashboard camera footage
• Surveillance video
• Audio recordings of 911 calls
• Jail calls or recorded communications

E. Photographs and Physical Evidence (CPL § 245.20(1)(f)-(g))

☐ All photographs and drawings relating to the case
☐ All tangible property seized or obtained during investigation
☐ Opportunity to inspect, test, and photograph physical evidence

F. Search and Seizure Information (CPL § 245.20(1)(h))

☐ Search warrant applications, affidavits, and orders
☐ Eavesdropping warrant applications and orders
☐ Pen register or trap and trace orders
☐ All documents related to electronic surveillance

G. Law Enforcement Records (CPL § 245.20(1)(i)-(j))

☐ All police reports, investigative reports, and complaint reports
☐ Notes of law enforcement officers
☐ Dispatch records and CAD reports
☐ Records of law enforcement contact with witnesses

H. Impeachment and Exculpatory Evidence (CPL § 245.20(1)(k))

☐ All Brady material (exculpatory evidence)
☐ All Giglio material (impeachment evidence)
☐ Law enforcement disciplinary records
☐ Pending criminal cases against prosecution witnesses
☐ Records of benefits or consideration provided to witnesses

I. Prior Uncharged Acts (CPL § 245.20(1)(l)-(m))

☐ Notice of intent to offer evidence of prior uncharged criminal, vicious, or immoral acts
☐ Molineux notice (to be served no later than 15 days before trial)

J. Additional Enumerated Categories

☐ Tangible property relating to the case (CPL § 245.20(1)(n))
☐ Tending to show lack of criminal responsibility (CPL § 245.20(1)(o))
☐ Information relating to identification procedures (CPL § 245.20(1)(p))
☐ Information regarding prior requests for a similar order denied (CPL § 245.20(1)(q))

7. Good Faith Certification

I, [ATTORNEY NAME], Esq., attorney for the Defendant, hereby certify:

1. The Defendant is entitled to automatic discovery under CPL § 245.20(1).

2. On [__/__/____], I made written demand upon the [________________________________] District Attorney's Office for complete discovery.

3. I have made good-faith efforts to resolve the discovery dispute before seeking court intervention, including [________________________________].

4. Certificate-of-Compliance posture:

☐ The People have not filed a COC. Paragraphs 5 and 6 below are not asserted as a COC-validity challenge.

☐ The challenged COC was served on [__/__/____]. After that filing, I conferred or made good-faith efforts to confer on [__/__/____] by [email / telephone / other reasonable means], specifically addressing [________________________________]. Those efforts did not secure the missing discovery or otherwise resolve the issues, and no accommodation was reached.

5. If this motion challenges a COC, it is:

☐ Filed within 35 days after service of the challenged COC in a case where the prosecution filed an indictment or information before the COC.

☐ Filed after that period because of the following material change in circumstances: [________________________________].

☐ Filed after that period because, despite due diligence described here, the defense could not earlier have known the specific and particularized grounds: [________________________________].

6. The specific outstanding or belatedly disclosed items, their materiality, the resulting prejudice, and the requested proportionate remedy are: [________________________________]. If no COC has been filed, the requested relief is limited to the identified discovery and an appropriate proportionate remedy.

7. This Motion is made in good faith and not for purposes of delay.

[ATTORNEY NAME], Esq.
Attorney for Defendant
Date: [__/__/____]

8. Proposed Order

[________________________________] COURT OF THE STATE OF NEW YORK
COUNTY OF [________________________________]

THE PEOPLE OF THE STATE OF NEW YORK v. [DEFENDANT FULL NAME]
Indictment/Docket No.: [________________________________]

ORDER GRANTING MOTION FOR DISCOVERY

THIS MATTER having come before the Court on the Defendant's Motion for Discovery;

THE COURT, having reviewed the Motion, any opposition, and being fully informed, hereby ORDERS as follows:

1. The People shall, within [____] days of this Order, produce the following identified materials required by CPL Article 245: [________________________________].

2. If COC validity is challenged, the Court finds that the defense [☐ timely filed the challenge / ☐ established a permitted later challenge] and supplied the good-faith conferral affirmation required by CPL § 245.50(4). ☐ No COC-validity issue is decided by this Order.

3. If COC validity is challenged, after considering the totality of the prosecution's efforts and the factors in CPL § 245.50(5), the Court finds the challenged COC [☐ valid / ☐ invalid] because [________________________________]. Nothing in this Order categorically prevents a COC based solely on an item-by-item omission; validity is governed by the due-diligence and good-faith standards in CPL § 245.50.

4. The prejudice caused by the discovery violation is [________________________________]. The following remedy is appropriate and proportionate under CPL § 245.80: [________________________________]. Dismissal [☐ is not ordered / ☐ is ordered only after consideration of other remedies and the findings stated here: [________________________________]].

5. The People's disclosure obligations remain continuing under CPL § 245.60, and additional discovery must be disclosed with any supplemental certificate required by CPL § 245.50.

______________________________________
JUDGE / JUSTICE

Date: [__/__/____]

9. Certificate of Service

I, [ATTORNEY NAME], Esq., hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Discovery and Proposed Order was served upon:

[PROSECUTOR NAME]
[________________________________] District Attorney's Office
[________________________________]
[________________________________]

☐ By hand delivery
☐ By NYSCEF electronic filing
☐ By regular mail
☐ By email to: [________________________________]

______________________________________
[ATTORNEY NAME], Esq.

10. New York Practice Notes

1. 2020 Discovery Reform: CPL Article 245, effective January 1, 2020, replaced the prior demand-based system with automatic, broad disclosure. This was described as a "sea change" by the Court of Appeals. People v. King, 42 NY3d 424 (2024).

2. Certificate of Compliance (COC): Challenges are made by motion. In the indictment-or-information posture specified by CPL § 245.50(4), the ordinary deadline is 35 days after service and the motion requires a good-faith conferral affirmation. Later challenges require a qualifying material change or an inability, despite due diligence, to know the specific grounds earlier.

3. Speedy Trial Connection: Absent an individualized finding of special circumstances, the prosecution is not deemed ready for trial under CPL § 30.30 until it files a valid COC. The statute separately addresses material that is lost, destroyed, or otherwise unavailable despite diligent good-faith efforts.

4. Timing: 20 days for in-custody defendants; 35 days for out-of-custody defendants. Extensions may be granted upon good cause shown (CPL § 245.70).

5. Supplemental COC: A supplemental COC must identify additional material and detail the basis for delayed disclosure. It does not invalidate the original COC if the original was filed in good faith after due diligence, or if the additional discovery did not then exist.

6. Protective Orders: Under CPL § 245.70, the court may issue protective orders upon good cause shown, including to protect victim or witness safety.

7. Remedies: CPL § 245.80 requires relief appropriate and proportionate to prejudice. Dismissal is available only after the court considers other remedies and finds dismissal appropriate and proportionate to the prejudice suffered.

8. Reciprocal Discovery: CPL § 245.20(4) requires the defense to disclose certain materials, including witness lists, expert reports, and alibi notice, within 30 days of the People's compliance.

Sources and References

• CPL § 245.10 — Timing of Discovery
• CPL § 245.20 — Automatic Discovery
• CPL § 245.50 — Certificates of Compliance and Challenges
• CPL § 245.80 — Remedies or Sanctions

This template is provided for informational purposes only and does not constitute legal advice. It should be reviewed and customized by a licensed New York attorney before use.

Last updated: 2026-08-25