ICYMI: District Attorneys Alvin L. Bragg, Jr., Darcel D. Clark, Eric Gonzalez, Melinda Katz, and Michael E. McMahon – representing all five of New York City’s boroughs – penned a joint Times Union op-ed in support of Governor Kathy Hochul’s proposed amendments to New York’s discovery laws.
They write, “Since 2020, dismissals of criminal cases in New York City have skyrocketed: Misdemeanor dismissals are up by 51% and felony dismissals by 57%. As tens of thousands of cases are being thrown out on minor technical grounds, delays resolving cases have surged, undermining public trust in the justice system and jeopardizing public safety.”
They illustrate the real-world impact of the law’s “unintended consequences: delaying justice, harming victims, and exponentially increasing dismissals,” writing:
“A domestic violence survivor may lose access to an order of protection, leaving them vulnerable to further abuse. An immigrant victim of human trafficking may be denied the ability to apply for a U-visa and stay in the country safely. Survivors of sexual assault may see their cases dismissed on a technicality, forcing them to live without closure or justice. These aren’t hypothetical scenarios; they are the lived experiences of thousands of people our system is failing to protect.”
They emphasize, “We want to be clear: These changes are not a rollback of reform or a return to the old laws that permitted disclosures on the eve of trial. We believe early discovery creates a fairer system and we are committed to openness and better outcomes for everyone involved.”
Instead, they note, “The governor’s proposal would refine the laws to function as intended, ensuring that accused individuals have the materials they need to prepare their defense while safeguarding victims’ rights and reducing delays.”
They conclude, “We call on the state Legislature to pass Hochul’s proposed changes so that New York can continue to have the nation’s most open and transparent discovery laws while ensuring the justice system works for everyone. Victims, communities and defendants deserve nothing less.”
Read the full op-ed here.
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