Laws of New York (Last Updated: November 21, 2014) |
CPL Criminal Procedure |
Part TWO. THE PRINCIPAL PROCEEDINGS |
Title J. PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE |
Article 240. DISCOVERY |
Section 240.35. Discovery; refusal of demand
Latest version.
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Notwithstanding the provisions of sections 240.20 and 240.30, the prosecutor or the defendant, as the case may be, may refuse to disclose any information which he reasonably believes is not discoverable by a demand to produce, pursuant to section 240.20 or section 240.30 as the case may be, or for which he reasonably believes a protective order would be warranted. Such refusal shall be made in a writing, which shall set forth the grounds of such belief as fully as possible, consistent with the objective of the refusal. The writing shall be served upon the demanding party and a copy shall be filed with the court.