It is well known that lawyers practicing criminal defense in New York State receive much less discovery than their counterparts in civil litigation. It is too little, and it typically comes too late. Delays in producing that discovery frustrate effective representation of criminal defendants in so many ways, from investigation to plea negotiation to trial preparation.
Discovery delay for the accused in a criminal case, especially when incarcerated pretrial, is far more onerous than delay for a civil litigant. The accused may spend extra weeks or months in jail because critical disclosure has been delayed by the prosecution.