Proposed NYS discovery changes still being negotiated
ALBANY, N.Y. (NEWS10)---The New York State budget is now a week overdue. State lawmakers have passed a third budget extender which will now go until Wednesday. It ensures that state employees continue to get paid.
Budget negotiations are still taking place when it comes to big policy items such as proposed changes the state’s discovery law.
The state’s current law, passed in 2019, made it a requirement for prosecutors to give evidence to defense attorneys more quickly. According to Governor Hochul, it created a loophole causing cases to be thrown out on technicalities.
On Monday, Bronx District Attorney Darcel Clark and Manhattan District attorney Alvin Bragg, were in Albany supporting the governor's proposal saying it will help victims of crimes from having their cases dismissed.
Clark added she still supports the law passed in 2019, but like Hochul, said it created unintended consequences. Bragg shared an example of a case getting dismissed.
"Not because we don’t believe you survivor, not because we don’t have the requisite evidence, not that we can’t prove it beyond a reasonable doubt, but for example in a domestic violence case my office handled—but because we found an additional photo showing your injuries already turned over," explained Bragg. "I said the photo we just got yesterday showing additional bruising, showing additional harm? That photo is the reason why your case is going to be dismissed."
However, lawmakers who are a part of The Black, Puerto Rican, Hispanic, and Asian Legislative Caucus, are worried changes will roll back the law and lead to evidence being withheld.
"We will not allow that to lead to more black and brown people sitting in jail waiting for their day in court without the information they need to defend themselves," said Assemblymember Catalina Cruz.
The caucus also concerned that changing the current law will lead to wrongful convictions.