Hochul, NYC DAs take victory lap on discovery laws that led to slew of criminal dismissals
Briefly

Governor Kathy Hochul and NYC's district attorneys celebrated revisions to New York's discovery laws, part of a major budget bill. The modifications aim to reduce case dismissals arising from trivial evidence issues, a concern that has grown since 2019 reforms requiring extensive evidence sharing. Prosecutors expressed frustration over cases being thrown out due to missing inconsequential evidence. The new laws focus on the prosecutor's overall effort and allow courts to assess whether missing evidence truly prejudiced defense, emphasizing the need for justice in protecting public safety.
Hochul emphasized the importance of maintaining public safety by ensuring violent criminals do not evade justice due to minor evidence-related issues.
Prosecutors argued that past reforms led to unjust dismissals of cases over inconsequential evidence, highlighting the unintended consequences of overly stringent discovery laws.
The changes will require courts to evaluate overall prosecutorial efforts and assess how missing evidence affects the defense, aiming to reduce wrongful dismissals.
By amending the discovery laws, New York aims to balance the rights of defendants with the need for public safety and justice.
Read at New York Post
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