Supreme Court, Kings County, March 15, 2021

Law Offices of Douglas G. Rankin, Brooklyn (Douglas G. Rankin of counsel), for defendant.

Eric Gonzalez, District Attorney, Brooklyn (Jonathan Hagler of counsel), for plaintiff.

By indictment No. 2049/19, the defendant is charged with burglary in the second degree, attempted assault in the second degree, two counts of aggravated criminal contempt, four counts of criminal contempt in the first degree, and related charges, for a series of offenses alleged to have occurred between July 7, 2018, and March 25, 2019, including an incident where he is said to have pushed his way into the complaining witness's home and attempted to cut her wrists with a razor. Subsequently, and while that indictment was pending, the defendant is alleged to have committed a series of additional offenses against the same complaining witness, between July 1, 2019, and November 16, 2019, including an incident where, as she was pushing her child in a stroller, he allegedly punched her in the head and stole her cell phone. For those offenses, the defendant is charged under indictment No. 7243/19, with five counts of criminal contempt in the first degree, robbery in the third degree, two counts of stalking in the fourth degree, endangering the welfare of a child, and related charges.^[FN1]

The defendant now challenges the certificate of compliance filed by the People on [*2]October 28, 2020. The defendant claims—in a single paragraph—that the People's certificate of compliance is infirm as they failed to provide, pursuant to the newly enacted Criminal Procedure Law § 245.20 (1) (k) (iv), "police disciplinary records" and "police personnel records . . . now made available" by the repeal of Civil Rights Law § 50-a.

{**71 Misc 3d at 825}To begin, and as is relevant here, CPL 245.20 (1) (k) (iv) requires that the People disclose "evidence and information . . . that tends to . . . impeach the credibility of a testifying prosecution witness," and, once the People have provided that evidence and information, they must "serve upon the defendant and file with the court a certificate of compliance." (CPL 245.50 [1].)^[FN2] The certificate of compliance certifies that the People have exercised "due diligence" and made "reasonable inquiries" in obtaining and providing discoverable materials and must be filed "in good faith" and "identify the items provided." (CPL 245.50 [1].)

Also relevant here, in repealing Civil Rights Law § 50-a, the legislature proclaimed that public policy dictates against automatically shielding certain portions of police personnel files from public inspection. To that end, information related to allegations of misconduct may now be released consistent with the Freedom of Information Law and the Public Officers Law.^[FN3]

In this case, and as required by CPL 245.50 (1), appended to the People's certificate of compliance are documents that contain descriptions of misconduct for each testifying prosecution witness for whom such records exist. That information is culled from Internal Affairs Bureau (IAB) files, Civilian Complaint Review Board (CCRB) files, Police Department personnel files, and civil lawsuits. For each such witness, the People provide the officer's name and tax identification number, the date of the allegation, and the source of the information—IAB, CCRB, the personnel file, and/or a civil lawsuit. In addition, they provide a narrative of the allegation, including the precise nature of the misconduct and a general description of the individual who made the allegation. Also provided are the investigative steps taken by the Bureau, Board, or Department.{**71 Misc 3d at 826} Details regarding the result of any investigation or departmental trial, including punishment meted out, from suspension, to forfeiture of vacation days, to imposition of a command discipline, are also included. And, where a civil lawsuit is still pending, the People so indicate.

The foregoing makes plain that the defendant received that to which he is entitled. Indeed, the documents provided by the People contain detailed information with respect to disciplinary records that may tend to impeach the credibility of testifying witnesses. The People, in good faith, discharged their obligations pursuant to CPL 245.20 (1) (k) (iv), and the defendant's challenge to the People's certificate of compliance on that basis is, therefore, denied.

The defendant additionally claims that the repeal of 50-a now requires the People to provide[*3]"police personnel records." Not so. The repeal of 50-a does not automatically entitle the defendant to the entirety of a police officer's personnel file. Rather, it makes personnel files subject to inspection, pursuant to the already existing Freedom of Information Law and Public Officers Law. And, by providing impeachment information culled from the personnel files of testifying police witnesses, described, supra, the People, in good faith, discharged their obligations pursuant to CPL 245.20 (1) (k) (iv)—the repeal of 50-a imposed no additional obligation. (See People v Mauro, 71 Misc 3d 548 [Westchester County Ct 2021].) Accordingly, the defendant's challenge to the People's certificate of compliance on that basis is similarly denied.

Finally, the People, in a further good faith effort to discharge their discovery obligations, submitted for the court's in camera inspection, a series of unsubstantiated allegations of police misconduct.^[FN4] The court, having reviewed those records, now directs the People to provide to the defendant all unsubstantiated allegations of police misconduct against police officers whom the People intend to call as witnesses at trial. The People may do so using the precise format by which the prior disclosures in this case were made.^[FN5]

The defendant's challenge to the certificate of compliance is denied.^[FN6] The People are reminded of their continuing Brady and CPL article 245 obligations.