Under CPL 240.20(1), when the accused is facing criminal charged by a felony complaint, and the District Attorney has not yet indicted on the criminal charges, defendant is not entitled to discovery. Even in capital cases, this rule applies with equal force.
That being said, just because the prosecution is not under an obligation to provide discovery, there is absolutely no reason the criminal lawyer should not seek all available information, even remotely relevant to the case. So long as the action can be defended ethically, the criminal defense attorney for the accused should strongly consider moving forward with zealousness.
Oftentimes, the prosecution will refuse to provide information until the indictment is filed. This absolutely should not discourage Buffalo criminal attorneys for the accused from investigating the criminal case. The criminal defense attorney buffalo ny should reach out to all witnesses, conduct background checks, and take any and all measures to find out any information which could possibly assist in the defense of the accused.
Once the accused is indicted on the criminal charges, however, criminal defense attorneys must be provided with discovery, including so called Brady Material, in time for criminal defense lawyers to make proper use of it in the criminal case.