Hochul Criticizes Trump and Judges Over Not Knowing New York Bail Laws

Governor Kathy Hochul pushed back this week against President Donald Trump’s claims about New York’s bail policies, saying both the former president and some state judges appear misinformed about how the laws currently work.

“I need the judges to step up,” Hochul said Tuesday after an event in New York City.

Hochul pointed to a memo issued by Trump that cited several New York criminal cases - including a 2022 Buffalo murder - as evidence of what he called “cashless bail” failures. Trump, who signed executive orders on Monday pledging to eliminate such policies and cut federal funds to municipalities that have them, mischaracterized the Buffalo case, Hochul argued. The defendant in that incident was not eligible for bail at the time of the crime.

“We don’t have cashless bail in the State of New York. [Trump] thinks we do, but we don’t,” Hochul told reporters. “So, he has no concept of how our laws work here. We have made substantial changes to the bail laws.”

The governor reminded the public that bail reform was first approved in 2019 under former Governor Andrew Cuomo, with the initial changes taking effect on January 1st, 2020. Hochul supported the legislation.

At that time, judges were prohibited from setting bail on most misdemeanors and non-violent felonies, such as residential burglary and second-degree robbery, and were required to use the “least restrictive means” during bail hearings.

That approach changed within months. Cuomo and lawmakers added more “qualifying offenses” through the state budget process, and Hochul, after becoming governor in 2021, worked with legislators in both 2022 and 2023 to broaden the list again. Those revisions included allowing bail for repeat shoplifters and removing the “least restrictive means” requirement.

On Tuesday, Hochul emphasized that under the original 2020 law, “defendants could be a repeat offender a thousand times” and still not face bail, but said that is no longer true. She added that judges could have held some defendants in the cases Trump mentioned had they applied the amended statutes properly.

“Many of the cases were bail eligible, but guess what? The judge decided to do something differently than what the prosecutors had asked for rightfully under the law,” Hochul said. “So I think the question I have is, ‘C’mon judges, are you doing your part here?’ ”

The state’s Office of Court Administration did not provide immediate comment on Hochul’s remarks. Gary Spencer, spokesperson for the Court of Appeals, noted: “The Court of Appeals doesn’t issue statements on political issues.”

Trump’s memo - circulated as he campaigns with support from Rep. Elise Stefanik, a Saratoga County Republican weighing a run against Hochul in 2026 - portrayed New York as plagued by crime despite data the governor has cited showing declines in shootings and retail theft.

Republican leaders were quick to support Trump’s message. “Donald Trump is putting the safety of Americans and New Yorkers first,” Senate Minority Leader Robert Ortt, R-North Tonawanda, wrote on X. “The question we should be asking is: Why are State Senate Dems and Kathy Hochul putting politics first and fighting common sense every step of the way?”

One of the cases highlighted in Trump’s list was the October 5th, 2022, killing of Buffalo mother Ke’Aira Hudson. Prosecutors say her estranged husband, Adam Bennefield, crashed into her car and fatally shot her in front of her children.

Days earlier, Hudson had posted photos of injuries she said Bennefield inflicted on her and a town judge had issued a protective order the day before the shooting. Because the assault charge he faced was not considered a qualifying offense at the time, the judge could not set bail.

Hudson’s estate later filed suit against Cheektowaga police and the town claiming they failed to pursue proper charges against Bennefield who had a prior kidnapping conviction.

On Tuesday, Hochul also expressed frustration that some judges seem unaware of the law’s more recent revisions.

“I have been surprised at the number of judges who don’t seem to know the law has changed when I read commentary from them on why they did not hold someone on bail who, common sense would have said should have been held but also our laws said should have been held,” she said.

Hochul Criticizes Trump and Judges Over Not Knowing New York Bail Laws