Legal Question in Family Law in New York
am i entitled to the district attorneys interview notes in a child abuse case in nyc. i am the accused and pro se. and do i have to do a motion. also can i do a motion for a deposition of my daugther. its a abuse case in family court also which i need these things not the criminal part.
1 Answer from Attorneys
Pursuant to the Court of Appeals ruling in People v. Rosario, the prosecution is required to provide the defense with prior statements of a prosecution witness relating to the subject of that witness's testimony. Subsequent courts have ruled that this includes notes made by law enforcement officials including assistant district attorneys. However, most assistant district attorneys know this court ruling and specially refrain from taking notes during an interview. The prosecutor is not required to turn over any notes until just before that particular witness, the person taking the notes, is to testify at any hearing or trial. I must advise you that the charges against you are very serious and can subject you to a period of imprisonment, as while as having serious consequences relative to your future parental rights. I would strongly advise you to seek the services of an experience attorney. DISCLAIMER: This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising