The People of the State of New York v. Anthony Guzman, Defendant. (2026)

In the indictment, the defendant is charged with Attempted Murder in the Second Degree (Penal Law § 110/125.25[1]), two counts of Assault in the First Degree (Penal Law §§ 120.10[1],[2]), two counts of Attempted Assault in the First Degree (Penal Law §§ 110/120.10[1],[2]), Assault in the Second Degree (Penal Law § 120.05[2]), Criminal Possession of a Weapon in the Third Degree (Penal Law § 265. 02[1]), Tampering with Physical Evidence (Penal Law § 215.40[2]), and Criminal Possession of a Weapon in the Fourth Degree (Penal Law § 265.01[2]). The defendant was arrested on January 25, 2026, indicted on January 29, 2026, and on March 2, 2026, arraigned on the indictment.

The People now move, by papers dated June 14, 2026, for a modification of their discovery deadline pursuant to CPL §§ 245.10(1)(a)(iv)(B) and 245.70(2) and for a determination that the period from the date of their application to July 9, 2026, is excludable under CPL § 30.30(4)(g). The defendant opposes the application.

The record establishes that on March 30, 2026, the People filed an ex-parte application for a protective order. After receiving no response, the assigned prosecutor followed up with the court on April 8, 2026. On April 10, 2026, the court directed the prosecutor to provide defense counsel with a redacted version of the application. Defense counsel consented to the protective order but simultaneously informed the court and the prosecutor of a conflict that prevented continued representation of the defendant. Counsel requested a court date of April 30, 2026, for the court to address the conflict. On April 15, 2026, the court granted the People's application for a protective order, with the proviso that newly assigned counsel would have leave to reargue the application if necessary. On April 30, 2026, the court relieved conflicted counsel and appointed current counsel. Thereafter, newly assigned counsel consented to the protective order.

The People further assert that between January 27, 2026, and June 13, 2026, they produced several hundred files to the defense across multiple dates. The discovery process required coordination with ten separate NYPD units, including the 115th Precinct, the 115th Detective Squad, the Evidence Collection Team, the Latent Fingerprint Unit, the Community Response Team, the Emergency Service Unit, the Aviation Unit, the Nightwatch, the 114th Precinct, and the 114th Detective Squad. Within the prosecutor's office, the Discovery Compliance Unit, the Law Enforcement Officer Witness Unit, and the liaisons to the Office of the Chief Medical Examiner and to the Chief of Crime Control Strategies made more than twenty-five separate requests for materials. Additional requests were made directly to the arresting officer, approximately twenty other police officers, the New York City Fire Department, and Elmhurst Hospital, which received subpoenas for the complainant's medical records.

The People also detail the extensive redaction work required under the court's protective order. Redactions include the names, dates of birth, contact information, other identifying information and statements of individuals covered by the order. Redactions were required not only for documents but also for approximately fifty video files, including surveillance footage, body worn camera recordings, and photographs. Of the fifty video files, forty have been fully redacted. Each video requires five to six hours of work by five paralegals and the assigned prosecutor, even with the assistance of specialized software. Body worn camera footage also contains audio that must be separately reviewed and redacted.

The People request an extension of their discovery deadline to July 9, 2026, and a finding that the period is excludable under CPL § 30.30(4)(g)(i) as an exceptional circumstance involving the temporary unavailability of evidence that is material to the People's case and that will become available within a reasonable period.

The court finds that the People have demonstrated good cause for a modification of their discovery deadline under CPL § 245.10(1)(a)(iv)(B) and 245.70(2). The record reflects the volume of material, the number of agencies involved, the need for extensive redactions pursuant to a protective order, and the significant labor involved to complete those redactions constitute circumstances beyond the ordinary demands of discovery. The People have shown diligent and continuous efforts to obtain, review, redact and disclose materials and the remaining work is both substantial and necessary.

The court further finds that the period through July 9, 2026, is excludable under CPL § 30.30(4)(g)(i). The statute permits exclusion where evidence material to the People's case is temporarily unavailable despite diligent efforts, and where there are reasonable grounds to believe the evidence will become available within a reasonable time. The People have established that the outstanding redactions are essential to compliance with the protective order and to the lawful disclosure of discoverable materials. The court is satisfied that the remaining work will be completed within the requested period.

Accordingly, the People's application is granted. The time for the People to provide discovery is extended to July 9, 2026, and the period through that date is excluded from the calculation of time under CPL § 30.30.

This constitutes the decision and order of the court.

The clerk of the court is directed to mail copies of the decision and order to the defendant and to the district attorney.

June 24, 2026

GARY F. MIRET, J.S.C.

Gary F. Miret, J.