Kathy Hochul Declares Victory on Discovery Law Overhaul, Leaves Door Open to Further Criminal Justice Reform in New York

Just hours before long-debated changes to New York’s discovery laws were set to take effect, Governor Kathy Hochul held a celebratory press conference Wednesday, declaring a key legislative victory while leaving the door open to future reforms.

“This is a good day, my friends,” Hochul said. “Tomorrow, we’ll finally lift the burden that has been on our justice system.”

The reforms, which stem from contentious state budget negotiations earlier this year, aim to fix what Hochul and district attorneys across the state describe as excessive case dismissals due to minor technicalities in the exchange of evidence between prosecutors and defense attorneys.

These changes partially roll back aspects of a sweeping 2019 criminal justice reform law that many prosecutors felt went too far.

Hochul delayed the state budget for weeks to secure the changes, a move that drew praise from law enforcement officials but left some lawmakers frustrated.

With these changes, Hochul has now successfully reworked two of the most high-profile justice reforms in recent memory: bail reform and now discovery rules.

When asked if she plans to revisit New York’s Raise the Age law next, Hochul told Capital Tonight’s Kate Lisa that she remains open-minded.

"I will be looking at all of the laws as I get back to the legislative session and talking about what is best for the people of this state,” Hochul said, adding that she would "entertain every topic related to criminal justice."

The Raise the Age legislation, which allows 16 and 17-year-old offenders to avoid adult prosecution, has drawn new scrutiny in light of several recent violent incidents in Albany, including a July 4th mass shooting and a fire triggered by a flare gun that destroyed two buildings.

Despite repeated violent episodes making headlines, Hochul defended her focus on statistics showing declining crime rates.

“Two things can be true at the same time,” she insisted.

The discovery reforms are meant to preserve the spirit of the 2019 changes while preventing what prosecutors have called a misuse of the speedy trial rule. This is where cases could be dismissed over minor paperwork errors.

“It was a well-intentioned change in the law, unfortunately, that law was rife with vagaries which resulted in litigation delays and tragically full dismissals of important cases,” said Rensselaer County District Attorney Mary Pat Donnelly.

Progressive lawmakers had pushed back, citing People v. Bay, a court decision that allows cases to proceed despite minor discovery errors if prosecutors show due diligence.

Assemblymember Michaelle Solages said in April, “We realize that this court case can help make sure that dismissals are not happening as frequently.”

But Hochul pressed forward, ultimately striking a deal with Assembly Speaker Carl Heastie and the five New York City district attorneys. The compromise prompted criticism from Republicans, who said it didn’t go far enough.

“This was a missed opportunity,” said State Sen. Anthony Palumbo to Spectrum News 1 after the budget passed in May.

“I think this may most likely end up the same as bail reform, where we’re on our fifth iteration of the bail reform statute, that it was way overdone.”

Still, prosecutors argue the new discovery rules give judges greater discretion, narrow the scope of required disclosures, and add clarity that wasn’t possible through case law alone.

“Prosecutors will still be held to a standard to make diligent efforts to gather and turn over evidence in a timely fashion,” Donnelly said. “These cases will be protected from dismissal when there are errors in that discovery as long as they are disclosed and documented.”

Kathy Hochul Declares Victory on Discovery Law Overhaul, Leaves Door Open to Further Criminal Justice Reform in New York