New York Register, Volume 40, Issue 11, March 14, 2018

• Jurisdiction: New York
• Library: New York Register
• Published date: 14 March 2018
• Year: 2018

COURT

NOTICES

AMENDMENT OF RULE

Uniform Rules for Courts Exercising Criminal Jurisdiction

Pursuant to the authority vested in me, and upon consultation with

and agreemen t of the Administrat ive Board of the C ourts, I hereb y

amend the unif orm rules for cou rts exercisi ng criminal ju risdiction

(22 NYCRR Part 200) by adding sections 200 .16 and 200.27 as fol-

lows, effective January 1, 2018:

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200.16/200.27: Issuance of Order Confirming Disc losure and Notice

Obligations

In all criminal actions on an indictment, prosecutor ’s information,

information, or simplified information, where counsel for the defen-

dant has provided the prosecutor with a wr itten demand as specified

under CPL 240.10(1) and 240.20, or where the prosecution has waived

such demand, the court shall issue an order to prosecution and defense

counsel that, inter alia, (1) confirms the prosecutor’s disclosure obliga-

tions pursuant t o Brady v. Maryland, 373 U .S. 83 (1963), Gig lio v.

United States, 405 U.S. 150 (1972), People v Geaslen, 54 N.Y.2d510

(1981), and their progeny; and (2) confirms defense counsel’s profes-

sional obligation to provide effective assistance of cou nsel and meet

defendant’s statutory notice obligations. The order shall be issued on

the first sc heduled c ourt dat e, follow ing deman d, where b oth the

prosecutor and defense counsel are present. The Chief Administrator

of the Courts shall promulgate a model order for this purpose that the

court may use as it deems appropriate.

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