By Hank Russell
Joined by Republican members of the New York State Senate, Nassau County District Attorney Anne Donnelly was in Albany to demand from Governor Kathy Hochul that discovery reforms must be included in this year’s budget.
As previously reported in Long Island Life & Politics, Hochul promised during her State of the State address that she would close the loopholes in the state’s discovery laws. The state’s Discovery Law requires prosecutors to hand over all relevant evidence to the defense within a specific timeframe (within 15 days after arraignment, 20 days if the defendant is in custody). This, in turn, allows the defense to properly prepare their case and provide the defendant the right to a speedy trial, thereby bypassing the acceptance of a plea deal that may be unfavorable to the defendant.
Critics of the law said that the timeframe is too short and a prosecutor accidentally forgetting to provide a crucial piece of evidence can lead to the case being thrown out, as LILP also previously reported. Assemblyman Keith Brown (R,C-Northport) proposed a bill last year that would extend the time period for prosecutors to compile evidence to 60 days. It is currently stuck in the Codes Committee.
The Republicans’ call comes on the heels of the ongoing state budget negotiations taking place between the Governor’s office and Senate and Assembly majorities. In the Senate and Assembly One House Budgets that were passed last week, according to the GOP Senators, they omitted language that would have modified the state’s discovery laws as proposed in the governor’s executive budget. It was recently reported that New York City’s criminal courts have seen a huge uptick of 455 percent (an estimated 50,000 cases) in forced dismissals due to the 2019 discovery changes on the books today.
“As a prosecutor with over 32 years of experience, and as the district attorney of one of the largest counties in the state, I’ve witnessed firsthand how cashless bail and discovery reform laws have compromised public safety,” Donnelly said. “Since the implementation of these laws, we’ve seen a revolving door of justice, where criminals walk free on technicalities while victims continue to suffer. These laws have made it harder for law enforcement and prosecutors to do their jobs, jeopardizing public safety and leaving our communities vulnerable. This is not a justice system that protects the people of New York.”
Senator Patricia Canzoneri-Fitzpatrick (R,C-Valley Stream) said the Legislature “has had its thumb on the scales of justice” for the past six years “in favor of criminal defendants, and it has come at the expense of victims and public safety. … Victims deserve better, communities deserve better, and all New Yorkers deserve better.”
“Fixing discovery and protecting victims shouldn’t be a political issue, but the Democrats in the legislature continue to make it part of their pro-criminal agenda,” stated Senator Alexis Weik (R,C-Bohemia).
Senator Jack Martins (R,C-Mineola) said the changes to discovery laws in 2019 might have been “perhaps well-intentioned,” but have since had “disastrous consequences for victims of crime, especially women survivors of domestic violence. Since their adoption, criminal case dismissals on legal technicalities have skyrocketed, letting dangerous criminals go free and leaving crime victims vulnerable.”
“New Yorkers deserve a criminal justice system that prioritizes the safety of law-abiding citizens, not one that lets criminals walk free due to bureaucratic failures,” Senator Steve Rhoads (R,C-Levittown). “Since the 2019 discovery law changes, we’ve seen a staggering increase in case dismissals, making it harder for prosecutors to hold offenders accountable.”
Senator Anthony Palumbo (R-New Suffolk) said he has spoken to district attorneys and law enforcement officials throughout the state. He emphasized that, despite their political affiliation, they all agreed that the current discovery law needs to be fixed.
“This flawed measure has hamstrung our district attorneys and allowed countless criminals, especially dangerous repeat offenders, to remain on the streets and victimize more New Yorkers,” Palumbo said. “Senate Democrats’ refusal to make changes to the discovery law is a sad and deplorable continuation of their efforts to put the rights of criminals over the health and safety of law-abiding citizens.”
Senator Dean Murray (R-Patchogue) was more direct. “It’s time to fix the system, restore balance, stand up for victims, and ensure that our laws prioritize both fairness and the security of the people we serve,” he said.
“New York State’s discovery laws are broken — and the consequences are serious and dangerous to our residents,” said Senator Mario R. Mattera (R-St. James). “Cases are being thrown out, criminals are slipping through the cracks, and our justice system is crumbling under the weight of bureaucracy. … We need real reform in this year’s budget to restore accountability and give prosecutors the tools they need to do their jobs.”
LILP reached out to the governor’s office. A Hochul spokesperson said, “The governor proposed discovery tweaks in her FY26 state budget.” The spokesperson also noted that Hochul also held a press event on March 24 on this issue.