Governor Kathy Hochul’s proposal to reshape New York’s evidence laws, which aims to prevent criminal cases from being dismissed over technicalities, has seen bipartisan support but has not been fully endorsed by state Legislature leaders. Assembly Speaker Carl Heastie is concerned that some of the proposed changes would give prosecutors too much power, while Senate Majority Leader Andrea Stewart-Cousins believes amendments to the discovery laws should be addressed outside of budget talks.

Hochul’s proposal would narrow the scope of evidence required to be turned over to the defense, set timelines for challenges to compliance, and grant judges more leeway in sanctioning prosecutors. District attorneys across New York, including those in New York City, argue that strict evidence requirements have led to a significant increase in case dismissals, with dismissals in the city rising from 42% to 62% in 2023.

The proposed changes to discovery laws have sparked debate between prosecutors and criminal justice advocates, with some arguing that the changes would give prosecutors too much power and others supporting the amendments as a way to prevent cases from being dismissed over minor mistakes. The state budget deadline is approaching, but lawmakers have not included Hochul’s proposed discovery changes in their budget proposals, and discussions on the topic are ongoing.