New York statute
N.Y. Criminal Procedure Law § 245.75 — Waiver of discovery by defendant
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 245: Discovery, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 245.75
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
245.75 Waiver of discovery by defendant.
1. A defendant who does not seek discovery from the prosecution under
this article shall so notify the prosecution and the court at the
defendant's arraignment on an indictment, superior court information,
prosecutor's information, information, or simplified information, or
expeditiously thereafter but before receiving discovery from the
prosecution pursuant to subdivision one of section 245.20 of this
article, and the defendant need not provide discovery to the prosecution
pursuant to subdivision four of section 245.20 and section 245.60 of
this article. A waiver shall be in writing, signed for the individual
case by the counsel for the defendant and filed with the court. The
court shall inquire of the defendant on the record to ensure that the
defendant understands his or her right to discovery and right to waive
discovery. Such a waiver does not alter or in any way affect the
procedures, obligations or rights set forth in sections 250.10, 250.20
and 250.30 of this title, or otherwise established or required by law.
The prosecution may not condition a guilty plea offer on the defense's
execution of a waiver under this section. Counsel for the defendant may
advise his or her client about the defendant's right to discovery and
right to waive discovery; such advice shall not constitute a condition
of a guilty plea.
2. Nothing in this section shall prevent the waiver of discovery from
being a condition of the repleader, where the defendant's original
conviction is vacated on agreement between the parties pursuant to
section 440.10 of this part.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.