Governor Hochul and Hudson Valley Law Enforcement Officials Call for Essential Changes to New York’s Discovery Laws

The proposed changes, which have received bipartisan support from elected officials, district attorneys, and victim advocate groups, would uphold the State’s discovery reforms that went into effect in 2020 while ensuring a fairer and more just legal system for New Yorkers.

Since 2020, procedural delays and automatic dismissals, among other disruptions, have adversely affected victims and survivors of domestic violence and other serious crimes. Since 2019, when the discovery reform laws were passed, which essentially require perfect discovery compliance for a case to not be dismissed on speedy trial grounds, the number of cases dismissed for speedy trial violations went from 10,562 in 2019 to 49,974 in 2024 — a 373 percent increase. In Ulster County alone, dismissal rates for felony cases more than doubled from 3.6 percent to 8.2 percent between 2019 and 2023. At the same time, dismissal rates for misdemeanor cases doubled from 5.1 percent to 10.7 percent.

Without changing any of the essential features of the 2019 reforms, Governor Hochul’s proposed changes to New York State’s Discovery Law would ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration and safeguard sensitive and personal information belonging to witnesses. These changes include:

• Expanding the scope of automatic redaction to include sensitive details, such as witnesses’ physical addresses and personal data unrelated to the case, eliminating the need to engage in lengthy litigation to redact such material.
• Removing the incentive to delay bringing a challenge in a manner that can result in technical dismissals unrelated to the merits of the case or the legality of the investigation.
• Ensuring that cases are not dismissed if discovery compliance falls short of perfection.
• Clarifying that prosecutors are not required to track down information that is by definition irrelevant.