Res. No. 56
Title
Resolution calling on the New York State Legislature to pass and the Governor to sign, legislation to repeal the Criminal Procedure Law Article 240 and replace it with a law mandating early, open, and automatic pre-trial discovery.
Body
By Council Members King, Cabrera, Cohen, Cornegy, Diaz, Holden, Lancman, Rose, Williams, Rodriguez, Salamanca and Yeger
Whereas, Pursuant to New York State Criminal Procedure Law section 240, New York City currently does not provide for mandatory early or open pre-trial disclosure of evidence, witness lists, and police reports; and
Whereas, Pursuant to New York State Criminal Procedure law Section 240, the current discovery procedures prevent an innocent until proven guilty individual from crucial access to the evidence in their case, denying the right to a full defense in criminal matters with life-altering consequences; and
Whereas, Many other jurisdictions enjoy as a matter of practice the prosecution's full disclosure of witnesses' names, addresses, complete statements, and police reports early in the case; and
Whereas, The current Criminal Procedure Law section 240 prevents a defense attorney from zealously defending his/her client due to the attorney's inability to fully assess their client's legal options and thoroughly advise their clients about the strength or weakness of opposing counsel's case; and
Whereas, Because significant discovery from the prosecution occurs belatedly, the accused has no access to critical police reports, which systematically block innocent or over-charged defendants from meaningfully investigating their case, therefore denying justice by preventing the defense from to locating and using exculpatory evidence as well as preventing the defense from formulating a proper strategy of defense prior to trial; and
Whereas, Long-standing committees of legal experts and practitioners have repeatedly urged the New York State Legislature to fundament...
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