An omnibus motion raised what the court stated was an issue of first impression under the 2019 discovery reform law: whether “items and information” in CPL §245.20(1)(k) are “deemed to be in the possession of the prosecution” under CPL §245.20(2) when those materials concern New York City special patrolmen who are designated as peace officers in CPL §2.10(27).
In the instant action, the special patrolmen were Co-op City Police Department officers, which fall under the city’s law for the designation of peace officers.
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