Gov. Kathy Hochul’s proposal to reshape New York’s evidence laws has seen a surge of bipartisan support, but state Legislature leaders have not fully endorsed it yet. Assembly Speaker Carl Heastie believes some changes would give prosecutors too much power, while Senate Majority Leader Andrea Stewart-Cousins wants amendments to the discovery laws to happen outside of budget talks. Hochul’s proposal would narrow the scope of evidence required to be turned over to the defense and set a timeline for challenges to compliance.
District attorneys across New York, including those in New York City, argue that onerous evidence requirements have led to a rise in case dismissals. Manhattan District Attorney Alvin Bragg, who has been criticized as soft-on-crime, supports changing the discovery laws. The city’s case dismissal rate has increased to 62% since the reforms were passed, with dismissals often due to irrelevant information not being turned over on time.
Opposition to changing the discovery laws comes from criminal-justice advocates, public defenders, and groups like the NAACP, who have formed the Alliance To Protect Kalief’s Law. They argue that Hochul’s proposals would gut the law meant to prevent defendants from languishing in jail. The state budget deadline is April 1, but lawmakers have missed it in the past due to contentious topics like bail reform.
