Legal Question in Criminal Law in New York

Re: Timeliness of discovery

Representing yourself in a criminal action is a VERY, VERY bad idea. This is an almost guarenteed loss.

Regarding discovery, if you don't have 'it' (and you do not indicate what information you are due to receive) -- you have very limited rights here -- then it may be delivered to you in court at your next appearence.

Do not expect a 'dismissal' on the basis of late delivery of discovery. The best you can hope for is an adjournment.

A CPL 30:30 motion may be helpful if you can convince lack of delivery constitues 'lack of readiness'.

My best advice : you are making a HUGE mistake representing yourself in a criminal matter. No licensed attorney would do that. This is very different from a civil matter.

Re: Timeliness of discovery

It is exceptionally rare for a case to be dismissed because discovery was not turned over by a certain time. A judge will almost always give the prosecution more time to respond. If they fail to respond the second time around, the judge might impose sanctions - for instance, they will not be able to ask certain questions, some evidence might not be able to come in, a witness might not be able to testify, etc. Even this is quite rare.

You used the term "discovery." This is a very general term. In NY State, discovery materials might be "Rosario," "Brady," scientific, or some other type or combination of types. Different types of discovery need to be turned over at different points during the proceeding - some not until after w witness has testified on direct examination at trial.

I do not know what you are charged with, but unless it is a traffic ticket, you are making a very big mistake by representing yourself. The law is quite technical. If I knew that I had a tooth that needed to be pulled, I wouldn't pull it out myself.

Additionally, any judge or jury evaluating your case would question the validity of everything you say or do. A jury would probably see you as lacking in judgment before they even heard anything about the case.

Do not represent yourself. Hire a lawyer. If you can't afford one, ask the judge for a lawyer. Again, I know nothing about your case, but if it is something other than a traffic ticket, plan on getting convicted if you represent yourself. It might not be what you want to hear, but those are the cold, hard facts.