Section 240.45. Discovery; upon trial, of prior statements and criminal history of witnesses  


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  • 1.   After the jury has been sworn and before the prosecutor's opening
      address, or in the case of a single judge trial after  commencement  and
      before  submission  of  evidence,  the  prosecutor  shall,  subject to a
      protective order, make available to the defendant:
        (a)  Any written or recorded statement, including any testimony before
      a grand jury and an examination videotaped pursuant to section 190.32 of
      this chapter, made by a person whom the prosecutor intends to call as  a
      witness  at  trial,  and  which  relates  to  the  subject matter of the
      witness's testimony;
        (b)  A record of judgment of conviction of a witness the people intend
      to call at trial if the record of conviction is known by the  prosecutor
      to exist;
        (c)    The  existence of any pending criminal action against a witness
      the people intend to call at trial, if the pending  criminal  action  is
      known by the prosecutor to exist.
        The provisions of paragraphs (b) and (c) of this subdivision shall not
      be  construed  to  require  the  prosecutor  to fingerprint a witness or
      otherwise cause the division of criminal justice services or  other  law
      enforcement agency or court to issue a report concerning a witness.
        2.    After  presentation  of  the people's direct case and before the
      presentation of  the  defendant's  direct  case,  the  defendant  shall,
      subject to a protective order, make available to the prosecutor:
        (a)  any written or recorded statement made by a person other than the
      defendant whom the defendant intends to call as a witness at the  trial,
      and which relates to the subject matter of the witness's testimony;
        (b)  a  record  of judgment of conviction of a witness, other than the
      defendant, the defendant intends to call  at  trial  if  the  record  of
      conviction is known by the defendant to exist;
        (c)  the  existence  of any pending criminal action against a witness,
      other than the defendant, the defendant intends to call at trial, if the
      pending criminal action is known by the defendant to exist.