DISTRICT ATTORNEY
COUNTY OF NEW YORK
ONE HOGAN PLACE
New York, N. Y. 10013
(212) 335-9000

CYRUS R. VANCE, JR.

Expedited Discovery
Cases in which expedited discovery is most appropriate are those in which law
enforcement officers are the primary prosecution witnesses. Accordingly, this Office
presumptively will provide expedited discovery in the following types of cases:
1. Drug Possession/Sale: Criminal Possession or Sale of a Controlled Substance in the Third,
Fourth or Fifth Degree (PL §§ 220.06-220.16, 220.31-220.39); Criminal Sale of a Controlled
Substance in or near School Grounds (PL § 220.44); Criminal Possession or Sale of Marihuana
in the Second or Third Degree (PL §§ 221.25, 221.20, 221.50, 221.45). Exceptions: (a) the
undercover transaction charged is part of a long-term investigation; (b) the People intend to
seek protective relief pursuant to CPL § 240.50
2. Weapons Possession Not Involving Civilian Witnesses: Criminal Possession of a Weapon in
the Second and Third Degree (PL §§ 265.03, 265.02)
3. Trespass and Commercial Burglary Where Civilian Witness is Security Guard or Special Police
Officer: Burglary in the Third Degree (PL § 140.20)
4. Shoplift Grand Larceny Where Civilian Witness is Security Guard or Special Police Officer or
Testimony is Limited to Valuation or Lack of Permission or Authority: Grand Larceny in the
Third or Fourth Degree (PL §§ 155.35(1) (value exceeds $3,000), 155.30(1) (value exceeds
$1,000))
5. Possession of Stolen Property Where Civilian Witness is Security Guard, Special Police
Officer, or Testimony is Limited to Valuation or Lack of Permission or Authority: Criminal
Possession of Stolen Property in the Third or Fourth Degree (PL §§ 165.50 (value exceeds
$3,000), 165.45(1) (value exceeds $1,000))
6. Shoplift Escalates to Robbery Where Civilian Witness is Security Guard or Special Police
Officer: Robbery in the Third Degree (PL § 160.05)
7. Forged Instrument Possession Where Civilian Witness is Security Guard, Special Police
Officer, or Testimony is Limited to Valuation or Lack of Permission or Authority: Criminal
Possession of a Forged Instrument in the First or Second Degree (PL §§ 170.30, 170.25)

 8. Identity Theft Where Civilian Witness is Security Guard, Special Police Officer, or Testimony
is Limited to Valuation or Lack of Permission or Authority: Identity Theft in the First or
Second Degree (PL §§ 190.80, 190.79)
9. Other Offenses Where Civilian Witness is Police Officer, Security Guard, Special Police
Officer, or Testimony is Limited to Valuation or Lack of Permission or Authority: for
example, Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (VTL. §
511(3)); Unauthorized Use of a Vehicle in the Second Degree (PL § 165.06); Auto Stripping
in the First or Second Degree (PL §§ 165.11, 165.10); Trademark Counterfeiting in the First
or Second Degree (PL §§ 165.73, 165.72).

In these cases, discovery will be provided at Supreme Court arraignment. Such
discovery will consist of materials necessary to make an informed decision about the
appropriate disposition of the case. Thus, absent unusual circumstances, discovery will
include, but not be limited to, documents such as the Criminal Court complaint, DA Data
Sheet, Case Information (“Pink”) Sheet, and relevant NYPD paperwork, such as the
Complaint Report (UF61), memo book entries, vouchers, and laboratory reports. While
we must work through production issues relating to this timetable, we also hope to be able
to turn over grand jury minutes in many of these cases. Presently, we are providing
discovery in about one-half of these cases. We expect that figure to increase to cover nearly
all such cases.
Expediting Trials at Defense Request
If, either before or after expedited discovery, the defense notifies the People that they
seek an expedited trial, the People will prioritize the case so that it can be tried within three
months of Supreme Court arraignment. The defense should provide this notice at least 30
days in advance of the trial date sought. The notification should be made by email to the
assigned Assistant and respective Bureau Chief (see attached list of Trial Bureau Chiefs).
This expedited trial schedule will be subject to any unavoidable delays, such as those
resulting from evidence and document acquisition and forensic testing; barring those
circumstances, the 30-day notice requirement will enable both sides to prioritize, prepare,
and bring the case to trial.
Plea Policy
In order to achieve the goals of prompt and just disposition of these cases and to adjust
to the OCA-mandated TAP program, it will now be our consistent practice to make

our most favorable plea offer or sentencing recommendation at Supreme Court
arraignment, and place an express time limit on the availability of that offer—
ordinarily the decision date on the omnibus motion. Under this policy, the People will
convey a plea offer at Supreme Court arraignment that will extend to, but not go beyond,
the decision date. Once the case is adjourned to a TAP part for hearing or trial, the offer
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 will be withdrawn and will not be re-offered except in unusual cases. In sum, our intention
and expectation is that the best offer will be made in the upfront parts, and
non-evidence-based re-evaluations of withdrawn plea offers will be rare and disfavored.
In executing these discovery, trial, and plea policies, this Office will make every effort
to provide expedited discovery and thoughtful consideration to the disposition that best
achieves justice in each individual case. It is my strong belief that these changes in longstanding practice will improve the quality of justice in New York County.

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