{"jurisdiction": "us-ny", "code": "cpl", "section": "250.20", "citation": "CPL § 250.20", "heading": "Notice of alibi", "text": ["§ 250.20  Notice of alibi.", "1.  At any time, not more than twenty days after arraignment, the people may serve upon the defendant or his counsel, and file a copy thereof with the court, a demand that if the defendant intends to offer a trial defense that at the time of the commission of the crime charged he was at some place or places other than the scene of the crime, and to call witnesses in support of such defense, he must, within eight days of service of such demand, serve upon the people, and file a copy thereof with the court, a \"notice of alibi,\" reciting (a) the place or places where the defendant claims to have been at the time in question, and (b) the names, the residential addresses, the places of employment and the addresses thereof of every such alibi witness upon whom he intends to rely.  For good cause shown, the court may extend the period for service of the notice.", "2.  Within a reasonable time after receipt of the defendant's witness list but not later than ten days before trial, the people must serve upon the defendant or his counsel, and file a copy thereof with the court, a list of the witnesses the people propose to offer in rebuttal to discredit the defendant's alibi at the trial together with the residential addresses, the places of employment and the addresses thereof of any such rebuttal witnesses.  A witness who will testify that the defendant was at the scene of the crime is not such an alibi rebuttal witness.  For good cause shown, the court may extend the period for service of the list of witnesses by the people.", "3.  If at the trial the defendant calls such an alibi witness without having served the demanded notice of alibi, or if having served such a notice he calls a witness not specified therein, the court may exclude any testimony of such witness relating to the alibi defense.  The court may in its discretion receive such testimony, but before doing so, it must, upon application of the people, grant an adjournment not in excess of three days.", "4.  Similarly, if the people fail to serve and file a list of any rebuttal witnesses, the provisions of subdivision three, above, shall reciprocally apply.", "5.  Both the defendant and the people shall be under a continuing duty to promptly disclose the names and addresses of additional witnesses which come to the attention of either party subsequent to filing their witness lists as provided in this section."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/250.20", "from_official_api": true, "plain_english": "The prosecution may demand advance details of an alibi and must disclose its own rebuttal witnesses.\n\n- **(1)** The prosecution may serve and file an alibi demand **within 20 days after arraignment**. The defendant then has **8 days after service** to serve and file the claimed location and each intended alibi witness’s name, home address, workplace, and workplace address. ★ The court may extend the deadline for good cause.\n- **(2)** The prosecution must disclose its alibi-rebuttal witnesses within a reasonable time and **no later than 10 days before trial**, with the listed addresses and employment information. A witness placing the defendant at the crime scene is not an alibi-rebuttal witness.\n- **(3)** The court may **exclude alibi testimony from an undisclosed witness**. If it allows the testimony, it must, on the prosecution’s request, adjourn for **no more than 3 days**. ★\n- **(4)** The same rule applies reciprocally when the prosecution fails to disclose a rebuttal witness.\n- **(5)** Both sides must **promptly disclose later-discovered witnesses’ names and addresses**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/250.20", "publisher": "Elyphived LLC"}