What is the standard of disclosure of evidence in a criminal case?
"New York", United States of America
The following excerpt is from In the Matter of Barry G., 2004 NY Slip Op 50885(U) (NY 6/10/2004), 2004 NY Slip Op 50885(U) (N.Y. 2004):
evidence that is in the possession, custody or control of the prosecution and which is both favorable and material to the defense, i.e., evidence that would "tend to exculpate" the defendant, must be disclosed immediately. New York has adopted this same rule, [People v. Ahmed, 20 NY2d 958 (1967)], which is grounded in the federal and state constitutional rights to confrontation of witnesses and effective assistance of counsel.
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