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The New York state legislature is considering changes to the evidence-sharing process between prosecutors and defense lawyers in criminal cases, prompted by concerns that reforms enacted in 2019 are leading to increased dismissals of cases. State Sen. Zellnor Myrie and Assemblyman Micah Lasher are introducing bills intended to simplify the discovery process by allowing prosecutors to directly access certain law enforcement systems for evidence, such as police reports.
The original reforms aimed to improve defendants' rights by requiring timely disclosure of evidence, with deadlines set at 20 days for those in custody and 35 days for those released. However, dismissals of criminal cases in New York City have risen significantly, from 41% prior to the reforms to 62% today, as procedural delays have caused challenges.
Gov. Kathy Hochul and district attorneys are keen on reforming the discovery process further to address these issues while maintaining defendants' rights. Some DAs, like Staten Island DA Michael McMahon, argue that the current framework is excessive and can deny victims justice. Meanwhile, criminal justice reform advocates support the proposed adjustments but express caution about reversing any of the 2019 measures, emphasizing the importance of the reforms in combating wrongful convictions and mass incarceration. The legislative discussions are expected to be contentious, reflecting differing perspectives on balancing due process and prosecutorial efficiency.
NY pols want to tweak 2019 ‘reforms’ on how prosecutors share evidence to avoid dismissals
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