Section 240.75. Discovery; certain violations  


Latest version.
  • The  failure  of  the  prosecutor  or  any  agent of the prosecutor to
      disclose statements that are required to be disclosed under  subdivision
      one  of  section  240.44  or paragraph (a) of subdivision one of section
      240.45 of this article shall not constitute grounds  for  any  court  to
      order  a  new  pre-trial  hearing or set aside a conviction, or reverse,
      modify or vacate a judgment of conviction in the absence of a showing by
      the  defendant  that  there  is  a  reasonable  possibility   that   the
      non-disclosure  materially  contributed  to  the  result of the trial or
      other proceeding; provided, however, that nothing in this section  shall
      affect  or  limit  any  right  the  defendant  may  have  to a re-opened
      pre-trial hearing when such statements were disclosed before  the  close
      of evidence at trial.