{"jurisdiction": "us-ny", "code": "cpl", "section": "245.55", "citation": "CPL § 245.55", "heading": "Flow of information", "text": ["§ 245.55 Flow of information.", "1. Sufficient communication for compliance. The district attorney and the assistant responsible for the case, or, if the matter is not being prosecuted by the district attorney, the prosecuting agency and its assigned representative, shall endeavor to ensure that a flow of information is maintained between the police and other investigative personnel and his or her office sufficient to place within his or her possession or control all material and information pertinent to the defendant and the offense or offenses charged, including, but not limited to, any evidence or information discoverable under paragraph (k) of subdivision one of section 245.20 of this article.", "2. Provision of law enforcement agency files. Absent a court order or a requirement that defense counsel obtain a security clearance mandated by law or authorized government regulation, upon request by the prosecution, each New York state and local law enforcement agency shall make available to the prosecution a complete copy of its complete records and files related to the investigation of the case or the prosecution of the defendant for compliance with this article.", "3. 911 telephone call and police radio transmission electronic recordings, police worn body camera recordings and other police recordings. (a) Whenever an electronic recording of a 911 telephone call or a police radio transmission or video or audio footage from a police body-worn camera or other police recording was made or received in connection with the investigation of an apparent criminal incident, the arresting officer or lead detective shall expeditiously notify the prosecution in writing upon the filing of an accusatory instrument of the existence of all such known recordings. The prosecution shall expeditiously take whatever reasonable steps are necessary to ensure that all known electronic recordings of 911 telephone calls, police radio transmissions and video and audio footage and other police recordings made or available in connection with the case are preserved. Upon the defendant's timely request and designation of a specific electronic recording of a 911 telephone call, the prosecution shall also expeditiously take whatever reasonable steps are necessary to ensure that it is preserved.", "(b) If the prosecution fails to disclose such an electronic recording to the defendant pursuant to paragraph (e), (g) or (k) of subdivision one of section 245.20 of this article due to a failure to comply with this obligation by police officers or other law enforcement or prosecution personnel, the court upon motion of the defendant shall impose an appropriate remedy or sanction pursuant to section 245.80 of this article."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/245.55", "from_official_api": true, "plain_english": "Prosecutors and law enforcement must **keep case information flowing so required discovery reaches the prosecution and is preserved**.\n\n- **(1)** The district attorney and assigned assistant, or other prosecuting agency and representative, must try to maintain enough communication with investigators to obtain all pertinent material, including favorable information under **§ 245.20(1)(k)**.\n- **(2)** On the prosecution's request, each New York state or local law-enforcement agency must provide **a complete copy of its complete case records and files**, unless a court order or lawful security-clearance requirement applies.\n- **(3)(a)** When listed 911, police-radio, body-camera, or other police recordings exist, the **arresting officer or lead detective must promptly notify the prosecution in writing when the accusatory instrument is filed**, and the prosecution must promptly take reasonable preservation steps. A timely defense request identifying a specific 911 call also triggers preservation. ★\n- **(3)(b)** If law-enforcement or prosecution personnel fail this duty and a recording is not disclosed, the court must impose an **appropriate § 245.80 remedy or sanction** on the defendant's motion.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/245.55", "publisher": "Elyphived LLC"}