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Opinion: Discovery reform works. Don’t let prosecutors gut it.
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In her opinion piece, Assembly Member Gabriella Romero defends New York's discovery reforms against calls for modification from prosecutors facing compliance challenges. She argues that the alleged "discovery crisis" is primarily a downstate issue and that changing the law for the entire state is reckless. Since 2020, prosecutors have been required to meet transparency obligations; while most comply, some struggle, leading to dismissals rooted in noncompliance, particularly for low-level offenses in New York City.
Romero emphasizes that many dismissals are not merely due to technical violations, but because key evidence has been withheld. Data shows minimal impact on upstate courts, with dismissal rates remaining low and even decreasing in some areas since reforms were enacted. She refutes claims of automatic case dismissals for minor delays in providing evidence, noting judicial leniency for diligent prosecutors.
Romero calls for maintaining the current discovery laws to protect the rights of the accused and ensure justice is upheld, arguing that reforms have strengthened public confidence and promoted racial justice. She concludes that any issues should be addressed locally, rather than through statewide rollbacks that could undermine the progress made since the 2020 reforms.
Opinion: Discovery reform works. Don’t let prosecutors gut it. - City & State New York
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