People v. Porter

Decision Date04 November 2020
Docket Number2020BX001239
Citation71 Misc.3d 187,142 N.Y.S.3d 703
Parties The PEOPLE of the State of New York, v. Jason PORTER, Defendant.
CourtNew York Criminal Court

71 Misc.3d 187
142 N.Y.S.3d 703

The PEOPLE of the State of New York,
v.
Jason PORTER, Defendant.

2020BX001239

Criminal Court, City of New York, Bronx County.

Decided on November 4, 2020


ADA Sharlene Disla, Office of Darcel Clark, Bronx District Attorney, for the People.

Elizabeth Bright, The Bronx Defenders, for the Defendant.

Audrey E. Stone, J.

71 Misc.3d 188

Defendant was arrested on January 14, 2020 and charged with Assault in the Third Degree, Criminal Mischief in the Fourth Degree, Endangering the Welfare

142 N.Y.S.3d 705

of a Child and Harassment. On March 20, 2020, an executive order issued by Governor Cuomo tolled all time periods in court matters due to the ongoing Covid-19 pandemic.

Procedural Background

On August 26, 2020, the People served and filed by email an automatic disclosure form pursuant to CPL § 245.20 [1], listing numerous discovery items which had been provided to Defendant. On the same date, pursuant to CPL § 245.50 [1], the People filed a certificate of compliance (hereinafter referred to as "COC") regarding their § 245.20 [1] discovery obligations, and a statement of readiness for trial.

On September 15, 2020, Defendant served and filed by email the instant application seeking to have the People's COC, and thus, their statement of trial readiness, declared invalid due to the People's failure to turn over certain items: a "scratch 61" report; a "Medical Treatment of Prisoner" form, and finally, the disciplinary records of two police witnesses.

In determining this application, the Court has reviewed all motion papers and exhibits filed in connection therewith, as well as the contents of the court file.

Statutory Framework

CPL § 245.20 [1], the centerpiece of the 2020 criminal justice reform legislation regarding discovery in criminal cases, prescribes a detailed but non-exclusive list of discovery material which the People are obligated to disclose to Defendant soon after the commencement of the action. (See, William C. Donnino, Practice Commentary, McKinney's Cons Laws of NY, CPL § 245.10 [online version 2020]). Not only must the People make diligent, good faith efforts to determine whether discoverable material exists, but when it does, they must cause such material to be made available for discovery even when it is not

71 Misc.3d 189

within their possession, custody or control - with the exception of materials which may only be obtained by subpoena. ( CPL § 245.20 [2] ). In fact, other than some limited exemptions not relevant here (see CPL §§ 245.20 [1] [c] and [d],[6] ; 245.65; 245.70), the prosecutor's obligation to provide discovery under the new statutes is "is so broad as to virtually constitute ‘open file’ discovery, or at least make ‘open file’ discovery the far better course of action to assure compliance." (Donnino, Practice Commentary, McKinney's Cons. Laws of NY, CPL 245.10, cited in People v. Suprenant, 2020 N.Y. Slip Op. 20227, 69 Misc.3d 685, 130 N.Y.S.3d 633 [Glens Falls City Ct., Sept. 10, 2020] ; see also, People v. Randolph , 69 Misc.3d 770, 132 N.Y.S.3d 726 [Sup. Ct. Suffolk County, 2020] ). Once the automatic discovery items are provided, service of a valid COC is a condition precedent to the People's declaration of trial readiness serving to toll the statutory speedy trial time. ( CPL § 30.30[5] ). If the People fail to meet their obligations and the Defendant can demonstrate prejudice the Court may grant the Defendant a remedy or sanction the People. ( CPL § 245.80 ).

Discussion

In this case, Defendant objects to the People's alleged failure to produce three items of discovery: a "scratch 61" report, a Medical Treatment of Prisoner report, and the underlying disciplinary records of two of the police officer witnesses involved in the case.

A "scratch 61" report is a handwritten complaint report prepared by a police officer, transcribed into a typewritten report. The People have turned over a typed complaint report. The People contend that after conducting an appropriate inquiry no "scratch 61" exists. The People concede their continuing duty to disclose under CPL § 245.60 and the Court holds

142 N.Y.S.3d 706

that the People have fulfilled their obligations at this time.

Similarly, Defendant's complaint that the People failed to turn over a Medical Treatment of Prisoner report is moot. The People have supplied to the Court as Exhibit "A" to their opposition filed...

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42 cases
  • People v. Pennant
    • United States
    • New York District Court
    • October 15, 2021
    ...when interpreting sections 245.10 and 245.25, and subdivision one of section 245.20, of this article." See : People v. Porter , 71 Misc. 3d 187, 142 N.Y.S.3d 703 (Crim. Ct. Bronx Co. 2020) ; People v. Georgiopoulos , 71 Misc. 3d 1215(A), 144 N.Y.S.3d 334 (Sup. Ct. Queens Co. 2021)Among the ......
  • People v. Pennant
    • United States
    • New York District Court
    • October 15, 2021
    ...disclosure when interpreting sections 245.10 and 245.25, and subdivision one of section 245.20, of this article." See: People v. Porter, 71 Misc.3d 187, 142 N.Y.S.3d 703 (Crim. Ct. Bronx Co. 2020); People v. Georgiopolos, 71 Misc.3d 1215(A), 144 N.Y.S.3d 344 (Sup. Ct. Queens Co. 2021) Among......
  • People v. Pennant
    • United States
    • New York District Court
    • October 15, 2021
    ...witness. The clear scope of the statute removes that discretion from the People. People v. Williams, supra., People v. Soto, supra., People v. Porter, supra. These records must be disclosed "regardless of the prosecutor finds the information to be 'material' or 'credible.'" CPL § 245.20(1)(......
  • People v. Salters
    • United States
    • New York District Court
    • August 20, 2021
    ...the People's discovery obligations, providing for "a presumption in favor of disclosure[, ]" CPL § 245.20(7), See: People v. Porter, 71 Misc.3d 187, 142 N.Y.S.3d 703 (Crim. Ct. Bronx Co. 2020); People v. Georgiopolos, 71 Misc.3d 1215(A), 144 N.Y.S.3d 344 (Sup. Ct. Queens Co. 2021) and relie......
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