§ 245.55 Flow of information.\n 1. Sufficient communication for compliance. The district attorney and\nthe assistant responsible for the case, or, if the matter is not being\nprosecuted by the district attorney, the prosecuting agency and its\nassigned representative, shall endeavor to ensure that a flow of\ninformation is maintained between the police and other investigative\npersonnel and his or her office sufficient to place within his or her\npossession or control all material and information pertinent to the\ndefendant and the offense or offenses charged, including, but not\nlimited to, any evidence or information discoverable under paragraph (k)\nof subdivision one of section 245.20 of this article.\n 2. Provision of law enforcement agency files. Absent a court order or\na requirement that defense counsel obtain a security clearance mandated\nby law or authorized government regulation, upon request by the\nprosecution, each New York state and local law enforcement agency shall\nmake available to the prosecution a complete copy of its complete\nrecords and files related to the investigation of the case or the\nprosecution of the defendant for compliance with this article.\n 3. 911 telephone call and police radio transmission electronic\nrecordings, police worn body camera recordings and other police\nrecordings. (a) Whenever an electronic recording of a 911 telephone call\nor a police radio transmission or video or audio footage from a police\nbody-worn camera or other police recording was made or received in\nconnection with the investigation of an apparent criminal incident, the\narresting officer or lead detective shall expeditiously notify the\nprosecution in writing upon the filing of an accusatory instrument of\nthe existence of all such known recordings. The prosecution shall\nexpeditiously take whatever reasonable steps are necessary to ensure\nthat all known electronic recordings of 911 telephone calls, police\nradio transmissions and video and audio footage and other police\nrecordings made or available in connection with the case are preserved.\nUpon the defendant's timely request and designation of a specific\nelectronic recording of a 911 telephone call, the prosecution shall also\nexpeditiously take whatever reasonable steps are necessary to ensure\nthat it is preserved.\n (b) If the prosecution fails to disclose such an electronic recording\nto the defendant pursuant to paragraph (e), (g) or (k) of subdivision\none of section 245.20 of this article due to a failure to comply with\nthis obligation by police officers or other law enforcement or\nprosecution personnel, the court upon motion of the defendant shall\nimpose an appropriate remedy or sanction pursuant to section 245.80 of\nthis article.\n
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