GIGLIO/BRADY Disclosures by the District Attorneys’ Offices

Based on the 2020 amendments to the Criminal Procedure Law, and the repeal of 50-a, part of the ill-advised and reckless criminal justice “reforms” passed by the NYS Legislature, be advised that each of the DA’s offices is taking a very liberal approach to what must be disclosed to the defense as Brady and Giglio material. Their position seems to be that rather than risk having a case dismissed for failing to provide mandatory discovery, they will err on the side of disclosure, meaning all lawsuits and IAB complaints (including Unsubstantiated complaints) will be disclosed to defense counsel, and let the Court decide whether it is admissible or not. Members must be aware of this when they prep with ADAs for hearings and/or trial, and discuss the issue with the ADA prior to testifying.