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New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock

Loaded on July 15, 2024 by Matthew Clarke published in Criminal Legal News July, 2024, page 20
Filed under: Speedy Trial Clock - Tolling of, Periods of Delay, Delays in Prosecution of Case, Excludable Time, Discovery and Inspection, Discovery - Lateness of. Location: New York.

by Matt Clarke

The New York Court of Appeals held that the prosecution’s failure to turn over fundamental discovery items that were in its possession and control prior to filing a Certificate of Compliance (“COC”) with its statutory disclosure obligations pursuant to Criminal Procedure Law (“CPL”) 245.50(1), (3) rendered the ...

 

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