Motion for Discovery (Criminal)

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 § 245.20(2) — 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 § 245.20(2).

D. CPL § 245.50 — Certificate of Compliance

The People must file a Certificate of Compliance (COC) certifying they have exercised due diligence and made reasonable inquiries to ascertain the existence of discoverable material. A COC filed in bad faith or that is incomplete may be challenged. People v. Bay, 41 NY3d 200 (2023).

E. CPL § 245.80 — Remedies for Non-Compliance

The court may impose sanctions including preclusion, adverse inferences, continuances, or dismissal for the People's failure to comply with discovery obligations.

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. The People have not fully complied with their automatic discovery obligations.

5. 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 all materials required under CPL § 245.20(1) as set forth in the Defendant's Motion for Discovery.

2. The People shall not file a Certificate of Compliance (CPL § 245.50) until all materials ordered herein have been produced.

3. The People's disclosure obligations are continuing under CPL § 245.60, and any additional materials shall be promptly disclosed.

4. Failure to comply with this Order may result in sanctions under CPL § 245.80, including preclusion, adverse inference, or other appropriate relief.

______________________________________
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): Under CPL § 245.50, the People must file a COC certifying due diligence before declaring trial readiness. An improper COC renders a statement of readiness illusory. People v. Bay, 41 NY3d 200 (2023).

3. Speedy Trial Connection: Discovery compliance is tied to speedy trial under CPL § 30.30. The People cannot be "ready" for trial until they have filed a proper COC.

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: If additional discovery is provided after the initial COC, the People must file a supplemental COC explaining why the material was not disclosed earlier and certifying due diligence.

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. Sanctions: CPL § 245.80 provides for preclusion, adverse inference instructions, continuances, contempt, or other remedies. The court should consider the good or bad faith of the non-compliant party, willfulness, and prejudice.

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.

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: 2026-04-03