The state Legislature leaders have not fully endorsed Governor Kathy Hochul’s proposal to reshape New York’s evidence laws, even though it has gained bipartisan support.
Hochul’s plan aims to prevent criminal cases from being dismissed due to technicalities, but Assembly Speaker Carl Heastie (D-Bronx) and Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) in Albany have not fully backed it.
Heastie mentioned that Assembly members agree that discovery laws need adjustments, but they are still negotiating the details during the state budget talks.
He expressed worry that some of the changes favored by Hochul could overly empower prosecutors.
“I’m not pro-defendant, I’m not pro-prosecutor,” he stated. “I’m pro-justice, advocating for a fair exchange of discovery and ensuring the wheels of justice turn. However, I believe the conversation is progressing well.”
The state budget deadline is April 1, but previous experiences have shown that the deadline can be missed due to contentious issues like bail reform.
Neither Heastie nor Stewart-Cousins included Hochul’s proposed discovery changes in their budget proposals for this year.
Stewart-Cousins has expressed that amendments to the discovery laws should be separate from the budget talks, as reported by The New York Times.
Hochul has aligned herself with prosecutors in New York who are advocating for a roll-back of certain aspects of the discovery laws that were modified in 2019 as part of criminal justice reforms.
Her proposal aims to limit the evidence that must be shared with the defense, establish a timeline for defendants to contest prosecutors’ compliance, and provide judges with more discretion in penalizing prosecutors for violations without dismissing the case entirely.
District attorneys in New York, including those in the city, argue that stringent evidence disclosure requirements have led to a rise in case dismissals due to minor errors.
In New York City, dismissals have increased from 42% before the reforms to 62% in 2023, according to data from the Office of Court Administration.
On Tuesday, Manhattan’s Alvin Bragg, Brooklyn’s Eric Gonzalez, and Queens’ Melinda Katz joined business leaders in a rally supporting changes to the discovery laws.
Bragg recounted cases dismissed over trivial issues like a missing Uber receipt, highlighting the impact of discovery laws on justice.
Gonzalez attributed the spike in dismissals to irrelevant information not relevant to the cases.
He emphasized the need for proportionality in handling cases, urging for leniency when non-relevant information is disclosed late.
Republican state lawmakers, along with Nassau County District Attorney Anne Donnelly, expressed support for changing the laws during a news conference in Albany.
Donnelly praised Hochul’s proposal as a positive step, citing the need to avoid dismissing important cases over technicalities.
However, advocates for criminal justice, public defenders, and groups like the NAACP have opposed the changes, forming the Alliance To Protect Kalief’s Law.
Kalle Condliffe from The Legal Aid Society argued that Hochul’s proposals undermine Kalief’s Law, which aims to prevent defendants from prolonged detention without trial.
She emphasized that tying discovery rules to the state’s speedy trials requirement is crucial for upholding the law’s intent.
Condliffe warned that prosecutors could exploit the loopholes in the proposed changes to manipulate cases in their favor.
State Senate Minority Leader Rob Ortt stated that the GOP conference supports Hochul’s proposal without compromise.
“It’s like vanilla ice cream,” he remarked. “I don’t want a watered down vanilla ice cream.”
