![]() Under current law, only those drugs listed in the Public Health Law will result in a drugged driving charge, even though there are hundreds of mind and body altering substances not on the list that are being consumed by motorists. 2d 419 (1979) to include pharmaceutical and chemical substances that create such a degree of impairment as to render a motor vehicle incapable of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle in a reasonable and prudent manner. This bill amends the Vehicle and Traffic Law (VTL) relating to operating a vehicle while impaired by drugs, to codify language from People v. Click the bill name to be redirected to read the full details.Ī.2513/S.889 by Assemblywoman Simotas and Senator Amedore Image: CC0 1.Below are summaries of each of the active bills that our Legislative partners are working on. Available at: (last accessed May 2, 2022). Susan Arbetter, “Albany Law School professor discusses New York discovery law changes,” New York State of Politics (Apr.Chris Gelardi, “How New York State Just Rolled Back Criminal Justice Reforms,” New York Focus (Apr.However, this rule does not apply if the defendant is charged with any crime or offense. Additionally, a defense attorney must file a motion where a person is charged with municipal code violations. To receive such discovery, a defense attorney must file a motion. Regarding traffic tickets, prosecutors no longer have to provide discovery automatically. Specifically, prosecutors have tagged these funds for new software and hiring of more prosecutors and support staff. If the sanction is a dismissal of a charge, the prosecutor can appeal that sanction.Īs part of the 2022-2023 budget, prosecutors were allocated $40 million for discovery compliance. In some cases, a judge can sanction the prosecution for failing to provide evidence. Where a party has been prejudiced by the failure to disclose evidence, discretionary sanctions can be applied. Where the defense attorney intends to claim the prosecution is not actually ready for trial, a motion must be made. In these cases, a defense attorney must notify the prosecutor of an alleged missing piece of evidence. If there is a challenge to the COC, it must be raised as soon as possible. For those items not in their custody and control, the prosecutor must make a good faith effort to obtain them. Now, the supplemental COC must detail the basis for the delayed disclosure.Īdditionally, anything possessed by law enforcement is considered to be in the custody and control of the prosecutor. In cases where prosecutors share additional evidence after stating ready, the prosecution must now explain why. This is also called a “COC” or “CODC.” Additionally, there are limited exceptions where the prosecution can announce ready for trial without having yet provided all evidence to the defense. To prove they’re ready for trial, the prosecution must file a certificate of discovery compliance. When the prosecution is not ready for trial in a certain period of time, the whole case can be dismissed. If they’re not ready for trial, the speedy trial clock continues to tick. If the prosecution doesn’t abide by these timelines, the prosecution is not ready for trial. Otherwise, it must be provided no later than 20 days if the client is in jail, or 35 days if the client is out. In New York, the Criminal Procedure Law requires that the prosecution provide discovery to the defendant as soon as practicable. On May 9, 2022, the new discovery laws go into effect. In addition to changes to bail, there have been some changes to laws on discovery (the evidence a prosecution has that can be used against a criminal defendant). As we discussed in our blog last week, New York’s 2022-2023 budget included some criminal legal reforms.
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