CPL Midterm

Discovery Process in Criminal Law

• Automatic Discovery: New rules allow for automatic open file discovery, contrasting with the old system where defense attorneys had to make formal demands for witness statements and police reports.

• Previous System: Attorneys received evidence right before selecting a jury, which created disadvantages for defense due to late disclosures.

Time Periods for Misdemeanor and Felony Cases

• Class A Misdemeanor: 90 days for trial (e.g. petit larceny, criminal mischief, fourth degree).

• Class B Misdemeanor: 60 days for trial.

• Impact of Co-defendant's Charges: Time limits apply to all defendants equally; the speedy trial clock is paused during certain delays.

Issues with Evidence Disclosure

• DA's Responsibilities: District attorneys may try to limit or withhold evidence (like 911 tapes), but courts may enforce timely disclosure.

• Expert Witnesses: New rules require the provision of expert witnesses' names, summaries of their anticipated testimony, and proficiency test results over the past decade.

Court Structure and Statutes

• Court Assignment: Misdemeanor cases are handled in District Court; felony cases are addressed in County Court.

• Statute of Limitations: General one-year statute for misdemeanors; certain crimes (rape) have no limitation.

Confessions and Corroboration Rules

• Confession Corroboration Rule: A confession can be sufficient for conviction if it is corroborated by evidence indicating the crime occurred.

• Accomplice Rule: If a principal (the offender) is convicted using an accomplice's testimony, additional corroboration is needed to validate that the principal committed the crime.

Non-Qualifying Offenses and Bail

• Non-Qualifying Offenses: Certain offenses, like minor larcenies, do not allow for monetary bail; qualifying offenses include sex crimes and violent felonies.

• Bail Procedures: Rule requires DA to notify defendants in custody if a matter is being presented to a grand jury.

Grand Jury and Indictment Process

• Felony Examination: If a defendant cannot meet bail, the defense attorney can demand a felony exam within specific time limits, pressuring the DA to act.(e.g., indict or conduct the exam).

• Direct Presentment: When charges are presented directly to the grand jury, the arraignment process is expedited to the Supreme Court.

Summary and Arrests

• Summary Cases: Involves immediate arrests based on direct observations by law enforcement or witnesses leading to quick processing in criminal court.

• Differences in Prosecutorial Documents: Complaints initiate charges, while prosecutor's information is used after cases have advanced to address issues in original filings (e.g. overcharged felonies may be reclassified based on evidence).