New York’s amended CPL Article 245 and recent trial decisions require criminal defense attorneys to change how they approach discovery. Counsel cannot defer review simply because a case appears likely to resolve by plea. Prompt review, identification of deficiencies, conferral with the prosecution, and preservation of any COC challenge are now part of counsel’s due-diligence obligations.

Brilliant attorneys don’t miss issues because they don’t know the law—they miss them because time is constrained. As attention spans shrink and demands increase, deep analysis is often compressed. The result isn’t a lack of skill, but a gap between training and reality—where strategy isn’t fully developed and critical details can be overlooked.

CPL Article 245 created a major workload problem for solo assigned counsel. Discovery must be reviewed, organized, challenged, and incorporated into motion and trial strategy. County Law § 722-c allows counsel to seek funding for necessary support. These applications should be made at the outset. Even denials create a record of need. When full funding is unavailable, the scope of review should be clearly limited and documented.