Legal Opinion

In re Raphael M.

New York Family Court

Decided October 26, 1981Published

1Opinion of the Court

OPINION OF THE COURT

Jack Turret, J.

When and to what extent is the respondent entitled to pretrial disclosure of witnesses’ statements to law enforcement officers and their criminal records in addition to police and hospital records?

This is a motion pursuant to CPL article 240. The District Attorney takes the position that CPL article 240 precludes pretrial discovery of these items. Respondent’s attorney argues that the recently amended version of CPL article 240 does not prevent the discovery of the above-mentioned items at this preliminary juncture, and that the modern trend in criminal…

2Cases cited9 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. MalinskyNew York Court of Appeals · 1965
  3. People v. CopicottoNew York Court of Appeals · 1980
  4. People v. SimoneNew York Supreme Court · 1977
  5. Mulvaney v. DubinAppellate Division of the Supreme Court of the State of New York · 1981

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