Q: Good evening, On the accusatory instrument where the facts are listed, is it mandated that all facts/evidence be listed
As they are known at the time of filing.
A: No is the short answer, but anything that may be exculpatory must be included in discovery pursue it to Brady versus Maryland. Furthermore, however, any statements you made the People wish to introduce as evidence must be listed (if not on the accusatory instrument itself, as there are many types ie: misdemeanor complaint, felony complaint, a violation information, misdemeanor information and/or/plus a felony information) and you should make a motion to suppress these statements if you were not mirandized prior to making them... assuming they are incriminating. Additionally, if not on the accusatory instrument along with the packet of discovery your attorney will get with it must be a list of all witnesses the people intend to call a trial…Expert witnesses, Police/Peace Officers as well as lay witnesses, including the alleged victim must be listed as it is your right to cross-examine any witness the people intend to use against you.
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