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Is a defendant, under CPL 240.45, entitled to be provided with an entire 'rap sheet' of a witness the prosecution intends to call?

NY Defender Digest

| October 22, 2004 | COPYRIGHT 2002 Aspen Publishers, Inc. (Hide copyright information)Copyright

Not necessarily. CPL 240.45[1](b) states that the People, no later than after the jury is sworn, shall make available to the defendant, 'a record of judgment of conviction ... if the record of conviction is known by the prosecution.' Under subparagraph (c), the People must also disclose any pending criminal actions against its witnesses.

There is a difference between the 'rap sheet' including the NYSID number, of a witness and his or her 'record of convictions', even though the words are often used interchangeably. Appellate courts which have considered this question have generally agreed that the 'record of judgment of conviction' does not require that the prosecutor …

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