By Hank Russell
Many district attorneys throughout the state hailed the newest discovery laws that were just included in the state budget, but one DA said it doesn’t do enough.
On May 7, Governor Kathy Hochul held a press conference announcing essential changes to New York’s Discovery Laws alongside DAs throughout the state, domestic violence survivors and advocates. Hochul said these changes are record investments in proven crime prevention initiatives, while holding perpetrators accountable and safeguarding the right to a fair and speedy trial in New York State. The governor also allocated $135 million in the State Budget for both prosecutors and defenders across the State to help ensure compliance with discovery.
“Over the last few months, I have been laser-focused on passing a State Budget that prioritizes the safety and well-being of all New Yorkers. By making essential changes to our discovery laws, we’re doing exactly that: standing up for victims, protecting the rights of survivors and revoking get out of jail free cards because of minor technicalities,” Hochul said. “I am committed to continue doing everything in my power to keep New Yorkers safe, and today we take a step towards rebalancing the scales of Justice and standing up for victims.”
The essential changes to New York’s Discovery Laws included in the FY26 state budget agreement will:
- require courts to consider the prosecutor’s efforts as a whole and whether any missing material prejudiced the defense, preventing cases from being thrown out over insignificant mistakes
- narrow the scope of the items that must be disclosed and cut out the need to seek certain materials that are irrelevant to the charges against the defendant, allowing prosecutors to better focus on gathering the evidence that really matters
- allow prosecutors to move the case forward after they have exercised good faith and due diligence to obtain discoverable material and disclosed everything they have actually obtained, even if there are items they are waiting on
- protect against manipulation of the speedy trial clock, requiring defense attorneys to bring challenges early in the case and confer with prosecutors to resolve issues and move cases forward quickly
- streamline protections for sensitive witness information, both to protect witnesses and to facilitate a culture of witnesses feeling empowered to come forward.
New York’s Discovery Laws remain the strongest for defendants in the country, achieving the Governor’s joint goals of maintaining due process for defendants while making common-sense adjustments to make the system work for victims and public safety.
This holistic approach will replace the previous system that allowed for automatic dismissals based on any small discovery error, and will allow victims in New York to seek justice based on the merits of their case while ensuring a public safety system with true accountability.
“The amendments agreed to in this state budget will help alleviate the onerous burdens placed on our prosecutors, prevent the thousands of absurd case dismissals, and halt the revolving door of recidivism plaguing New York State,” said Staten Island DA Michael McMahon, president of the New York District Attorneys Association of the State of New York.
But Suffolk DA Ray Tierney said these changes are weak and are not what he thought they would be.
“As a career prosecutor, and the District Attorney of the fourth largest of New York’s 62 counties, I waited with great anticipation for the governor’s proposed changes to our discovery laws, which were billed as being enacted to roll back some of the damage done to New York‘s criminal justice system by the 2019 Criminal Justice ‘Reform,’” Tierney said. “Unfortunately, the rhetoric coming out of Albany does not match the reality.”
Tierney said the new changes are “watered down” and will not assist the DAs in their cases.
“The changes will not alleviate the tremendous burden placed upon prosecutors and crime victims by the discovery statutes, and justice will continue to be adjudicated on clerical technicalities rather than legal merits,” Tierney said. “Worse still, these minor modifications will serve as an excuse for lawmakers to walk away thinking the problem has been solved.”