New York Law (NYLE) Practice Exam

Was the prosecution's disclosure to Oscar timely after his arraignment?

1. Yes, because the disclosure occurred less than 35 days after the defendant's arraignment.

2. Yes, because disclosure may occur at any time before a certificate of compliance is filed.

3. No, because the disclosure occurred more than 20 days after the defendant's arraignment.

4. No, because disclosure must occur at the time of arraignment.

The correct answer is: No, because the disclosure occurred more than 20 days after the defendant's arraignment.

The assertion that the prosecution's disclosure to Oscar was not timely is supported by the timing requirements established under New York’s Criminal Procedure Law. In New York, following an arraignment, the prosecution is generally required to disclose certain evidence to the defense within 20 days. Since the disclosure occurred more than 20 days after the arraignment, it did not comply with this mandated timeline. While other choices reference different aspects of disclosure, they do not align with the strict 20-day requirement. Specifically, the notion that disclosure can occur at any time before a certificate of compliance is filed doesn't apply if the disclosure has already missed the 20-day deadline. Furthermore, asserting that disclosure can occur at the time of arraignment would inaccurately suggest that any delay beyond that point is acceptable, which is not supported by the law. Each of these elements highlights the significance of adhering to the statutory timeline for disclosure after arraignment, reinforcing that the prosecution's delay indeed constituted a failure to comply with the required legal timeline.