In a recent call to a New York City assistant prosecutor to discuss a matter, the young, usually enthusiastic ADA bemoaned to me that “the job of a prosecutor was no longer any fun.” That musing was probably echoed in the other 61 counties of the state given that DA’s offices must comply with the new, time sensitive, and underfunded discovery duties imposed upon them effective Jan. 1, 2020, when the new legislation regarding criminal discovery and linked statutory speedy trial rules went into effect. The new discovery statute requires that prosecutors generally disclose most discoverable material within 15 days of arraignment, act in good faith with due diligence, abiding by its strict time sensitive rules under penalty of a variety of potential sanctions that a court may issue. See CPL §§245.10, 245.20(2), 245.80. This article will address how courts may respond to issues concerning the discovery of electronically stored information (ESI) in the context of discovery reform.

No Rest for the Pandemic Weary

Crime certainly has not taken a pause during the pandemic. New York may have been put on pause by executive edict, but, no one told those involved in criminal endeavors as reflected in the dramatic increase in shootings, robberies, and domestic violence, to name a few. Prioritization of viable prosecutions becomes a critical part of the criminal justice mission in such times.

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