Prosecutors and defense attorneys squared off outside the courtroom Friday over Gov. Hochul’s proposal to close so-called loopholes in discovery laws, a criminal justice reform initiative being blamed for an increase in crime.
The discovery reform law that went into effect in 2019 was designed to give defense attorneys quicker access to evidence against their clients. But prosecutors said the strict deadlines and technicalities have caused too many cases to be dismissed, putting dangerous criminals back on the streets.
“Keeping New Yorkers safe is my top priority,” Hochul said during a news conference with district attorneys from across the state.
“My common sense proposal to streamline New York’s discovery laws will close fatal loopholes that have delayed trials and led to cases being thrown out on minor technicalities, which will ultimately help crack down on recidivism and provide justice for victims.”
Hochul first proposed the changes in her state of the state address two weeks ago, when she said the law led to the release of repeat offenders. A day earlier, Hochul’s push for change was backed by NYPD Police Commissioner Jessica Tisch.
Backers of Hochul’s proposal said more than half of criminal cases in New York City are forced to be dismissed, often because prosecutors say they are unable to hand over the evidence in time. Before 2019, 42% of cases were dismissed. In 2023, 62% of cases had to be let go, according to the Office of Court Administration.
“These unintended consequences have led to the dismissal or reduction in charges in thousands of felony and misdemeanor cases, especially large quantities of petit larcenies, quality of life crimes, DWIs, and assault cases,” said Staten Island DA Michael McMahon, president of the District Attorneys Association of the State of New York.
But lawyers behind the initial push for reform said prosecutors and the governor were using fear mongering tactics to scare the public into turning back the clock.
Discovery reform has had no discernible impact on recidivism or crime rates,” the Legal Aid Society said in a statement. “The mental gymnastics performed by prosecutors and others to undermine this successful reform have nothing to do with public safety and everything to do with restoring a system that granted DAs an immense advantage — one they benefited from for decades.”
Public defenders said the law was enacted to enhance fairness in the legal justice system, and would return New York to an era of coerced pleas, wrongful convictions, and pre-trial delays.
“Sharing evidence with people accused of crimes does not contribute to a cycle of re-arrest or make our communities unsafe,” the Brooklyn Defenders said in a statement. “Instead of repealing a statute that works, lawmakers should focus on efforts that actually make our communities safer: resources.”
The discovery law grew out of a case involving Kalief Browder, who spent three years in jail on Rikers Island awaiting a trial on charges that he stole a backpack in the Bronx. He could not afford the $3,000 bail.
Browder spent most of that time in solitary confinement before the charges were eventually dropped. In 2015, two years after his relief, Browder, 22, committed suicide.