Section 331.4. Discovery; of prior statements and history of witnesses  


Latest version.
  • 1.
      At the commencement of the fact-finding hearing, the presentment  agency
      shall, subject to a protective order, make available to the respondent:
        (a)  any written or recorded statement, including any testimony before
      a grand jury and any examination videotaped pursuant to  section  190.32
      of  the  criminal  procedure  law, made by a person whom the presentment
      agency intends to call as a witness at  the  fact-finding  hearing,  and
      which  relates  to  the  subject matter of the witness's testimony. When
      such a statement includes grand jury testimony, the  presentment  agency
      shall  request  that  the  district  attorney  provide  a  transcript of
      testimony prior to the commencement of the  fact-finding  hearing;  upon
      receiving  such a request, the district attorney shall promptly apply to
      the appropriate criminal court, with written notice to  the  presentment
      agency and the respondent, for a written order pursuant to section three
      hundred  twenty-five  of  the  judiciary  law  releasing a transcript of
      testimony to the presentment agency;
        (b) a record of judgment of conviction of a  witness  the  presentment
      agency  intends  to  call  at the fact-finding hearing if such record is
      known by the presentment agency to exist;
        (c) the existence of any pending criminal action against a witness the
      presentment agency intends to call at the fact-finding hearing,  if  the
      pending criminal action is known by the presentment agency to exist.
        The  provisions  of  paragraphs  (b) and (c) shall not be construed to
      require the presentment agency 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.  At  the  conclusion  of  the  presentment agency's direct case and
      before the commencement of the respondent's direct case, the  respondent
      shall,  subject to a protective order, make available to the presentment
      agency (a) any written or recorded statement made by a person other than
      the respondent whom the respondent intends to call as a witness  at  the
      fact-finding  hearing  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 respondent, the respondent intends to call at a
      hearing if the record of conviction is known by the respondent to exist;
      and (c) the existence of any pending criminal action against a  witness,
      other  than the respondent, the respondent intends to call at a hearing,
      if the pending criminal action is known by the respondent to exist.
        3. Subject to a protective order, at a pre-fact-finding  hearing  held
      upon a motion pursuant to section 330.2, at which a witness is called to
      testify,  each party at the conclusion of the direct examination of each
      of its witnesses, shall, upon request of the other party, make available
      to that party to the extent not previously disclosed:
        (a) any written or recorded statement, including any testimony  before
      a  grand  jury,  made  by  such witness other than the respondent, which
      relates to the subject matter of the witness's testimony.  When  such  a
      statement  includes  grand  jury testimony, the presentment agency shall
      request that the district attorney provide  a  transcript  of  testimony
      prior   to  the  commencement  of  the  pre-fact-finding  hearing;  upon
      receiving such a request, the district attorney shall promptly apply  to
      the  appropriate  criminal court, with written notice to the presentment
      agency and the respondent, for a written order pursuant to section three
      hundred twenty-five of the  judiciary  law  releasing  a  transcript  of
      testimony to the presentment agency;
        (b)  a  record  of a judgment of conviction of such witness other than
      the respondent if the record of conviction is known by  the  presentment
      agency or respondent, as the case may be, to exist; and
    
        (c)  the existence of any pending criminal action against such witness
      other than the respondent, if the pending criminal action  is  known  by
      the presentment agency or respondent, as the case may be, to exist.