§ 245.70 Protective orders.\n 1. Any discovery subject to protective order. Upon a showing of good\ncause by either party, the court may at any time order that discovery or\ninspection of any kind of material or information under this article be\ndenied, restricted, conditioned or deferred, or make such other order as\nis appropriate, including, for 911 calls, allowing the disclosure of a\ntranscript of an audio recording in lieu of the recording. The court may\nimpose as a condition on discovery to a defendant that the material or\ninformation to be discovered be available only to counsel for the\ndefendant; or, alternatively, that counsel for the defendant, and\npersons employed by the attorney or appointed by the court to assist in\nthe preparation of a defendant's case, may not disclose physical copies\nof the discoverable documents to a defendant or to anyone else, provided\nthat the prosecution affords the defendant access to inspect redacted\ncopies of the discoverable documents at a supervised location that\nprovides regular and reasonable hours for such access, such as a\nprosecutor's office, police station, facility of detention, or court.\nShould the court impose as a condition that some material or information\nbe available only to counsel for the defendant, the court shall inform\nthe defendant on the record that his or her attorney is not permitted by\nlaw to disclose such material or information to the defendant. The court\nmay permit a party seeking or opposing a protective order under this\nsection, or another affected person, to submit papers or testify on the\nrecord ex parte or in camera. Any such papers and a transcript of such\ntestimony may be sealed and shall constitute a part of the record on\nappeal. This section does not alter the allocation of the burden of\nproof with regard to matters at issue, including privilege.\n 2. Modification of time periods for discovery. Upon motion of a party\nin an individual case, the court may alter the time periods for\ndiscovery imposed by this article upon a showing of good cause.\n 3. Prompt hearing. Upon request for a protective order, unless the\ndefendant voluntarily consents to the people's request for a protective\norder, the court shall conduct an appropriate hearing within three\nbusiness days to determine whether good cause has been shown and when\npracticable shall render a decision expeditiously. Any materials\nsubmitted and a transcript of the proceeding may be sealed and shall\nconstitute a part of the record on appeal. When the defendant is charged\nwith a violent felony offense as defined in section 70.02 of the penal\nlaw, or any class A felony other than those defined in article two\nhundred twenty of the penal law, the court may, at the prosecutor's\nrequest, for good cause shown, conduct such hearing in camera and\noutside the presence of the defendant, provided however that this shall\nnot affect the rights of the court to receive testimony or papers\nex-parte or in camera as provided in subdivision one of this section.\n 4. Showing of good cause. In determining good cause under this section\nthe court may consider: constitutional rights or limitations; danger to\nthe integrity of physical evidence or the safety of a witness; risk of\nintimidation, economic reprisal, bribery, harassment or unjustified\nannoyance or embarrassment to any person, and the nature, severity and\nlikelihood of that risk; a risk of an adverse effect upon the legitimate\nneeds of law enforcement, including the protection of the\nconfidentiality of informants, and the nature, severity and likelihood\nof that risk; the nature and circumstances of the factual allegations in\nthe case; whether the defendant has a history of witness intimidation or\ntampering and the nature of that history; the nature of the stated\nreasons in support of a protective order; the nature of the witness\nidentifying information that is sought to be addressed by a protective\norder, including
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