Second Department Issues a Protocol for the Filing of Applications Seeking Review Under CPL 245.70(6):

Criminal Procedure Law § 245.70, part of a sweeping criminal justice reform legislation package set to take effect on January 1, 2020, provides a vehicle through which the parties to a criminal proceeding may seek relief from the discovery provisions of the criminal justice reform legislation, and also provides for appellate review of an adverse ruling. The Appellate Division recently amended its Practice Rules to address that review power (see 22 NYCRR 1250.11[i]), which is limited to orders “relating to the name, address, contact information or statements of a person” (CPL 245.70[6]). The protocol and a form Order to Show Cause to bring on an application, may be found in the Forms and Practice Aids section of this website.

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