Governor Kathy Hochul, joined by District Attorneys from across New York State, announced a series of improvements and essential changes to streamline New York’s Discovery Laws. Governor Hochul proposed these common sense reforms as part of her 2025 State of the State and are intended to end procedural delays and prevent automatic dismissals of cases. The District Attorneys Association of the State of New York or DAASNY overwhelmingly voted yesterday to endorse the Governor’s plan during their annual winter conference as it would give their offices the tools and resources needed to protect the rights of victims and hold perpetrators accountable, while safeguarding the right to a fair and speedy trial. This proposal aligns with the Governor’s record investments in recent years in proven crime prevention initiatives as efforts continue to see lowering crime rates across the State.
“Keeping New Yorkers safe is my top priority, and working together with our District Attorneys from across the State we are taking steps to fight crime and hold perpetrators accountable to the fullest extent of the law,” Governor Hochul said. “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. I am honored to have the full support of the District Attorneys Association of the State of New York as we go about making these changes.”
Taking effect in 2020, New York’s discovery reform introduced essential changes to enhance fairness in criminal cases, but led to unintended consequences. Currently, if a prosecutor’s discovery compliance is later challenged successfully, the time between certification and challenge is retroactively counted against the prosecution, often resulting in dismissals unrelated to the merits of the case or the legality of the investigation.
This loophole inadvertently incentivizes delaying discovery challenges, in order to have cases easily thrown out on technicalities. To address this, Governor Hochul proposes changes to eliminate the incentive to delay discovery challenges and to ensure that a discovery error is addressed in a manner proportional to the discovery error itself rather than as a technical mechanism to have an entire case dismissed.
These changes will promote timely review that will improve case processing times, reduce delays that keep individuals incarcerated pre-trial, and prevent dismissals based on technicalities that can prohibit justice to victims and the people of the State of New York.
