People v. Delaney

In People v. Delaney (125 Misc 2d 928 [Suffolk County Ct 1984]) an accident reconstruction expert had testified before the grand jury but followed his standard practice of not issuing a written report. The court accepted defense counsel's argument that it was "inconceivable" that the expert had testified "solely from memory" and held that in the absence of a written report, the defendant was entitled to a transcript of the expert's testimony "in lieu of any written report" (125 Misc 2d at 930). According to the Suffolk County Court Judge, the transcript of the expert's testimony constitutes a written report or document within the meaning of CPL 240.20 (1) (c), and therefore the statute "affords ample authority" for release of the grand jury testimony. "There exists no basis for ignoring the plain wording of the statute simply because the report or document is found in the form of the minutes of his testimony contained in Grand Jury minutes. Nor is it necessary that the witness himself prepare the written form." (Id. at 931.)