The push for reform comes amid concerns that the current Discovery Act, enacted in 2019 and implemented in 2020, has led to an increase in case dismissals and prolonged court proceedings. The governor’s office argues that the breadth of the law, requiring prosecutors to disclose “all data related to the case,” has created significant challenges for law enforcement and the judicial system.

“We must revise the Discovery Act to increase the dismissal of criminal cases,”

Gov.Kathy Hochul

Hochul has included the revisions in the administrative budget, emphasizing their importance for public safety. According to the state, dismissals of theft cases have doubled since the new York Discovery Act took effect.

the Heart of the Matter: Scope of Evidence

At the core of the debate is the scope of evidence that prosecutors are required to share with defendants. The original intent of the Discovery Act was to prevent defendants from being surprised by crucial evidence just before trial, ensuring they have adequate time to prepare a defense. However, the interpretation of “all data related to the case” has proven problematic.

Prosecutors argue that the broad mandate forces them to gather and share vast amounts of data, some of which may be irrelevant or immaterial to the case.This can lead to administrative burdens, delays, and even case dismissals if prosecutors fail to comply with the extensive discovery requirements.

“Criminal incident evidence is too wide and the dismissal increases,” Hochul stated, underscoring the administration’s position that the current law is hindering the justice system.

Proposed Changes and Potential Impact

Governor Hochul is specifically seeking to narrow the scope of evidence that must be shared. Additionally, she proposes shortening the timeframe for notifying defense attorneys when the prosecution plans to submit a statement from the accused, reducing it from 48 hours to 24 hours prior to submission.

According to the governor, the current 48-hour notification period is frequently enough too long and can cause delays if it conflicts with attorneys’ schedules, potentially pushing back criminal case procedures by a week or more. As of March 2025, New York City’s court system faced a backlog of over 60,000 criminal cases, exacerbating existing strains on the system (per data from the new York State Office of Court Administration).

While proponents of the changes argue that they are necessary to streamline the criminal justice process, some Democrats have expressed concerns that easing the Discovery Law could disadvantage defendants.

Counterarguments and Concerns

Critics of the proposed revisions argue that narrowing the scope of discovery could undermine the rights of defendants and increase the risk of wrongful convictions.They contend that access to extensive evidence is crucial for ensuring a fair trial and holding law enforcement accountable.

The legal Aid Society,a prominent public defender association in New York City,has voiced strong opposition to the proposed changes. in a statement released earlier this month, the organization argued that the current Discovery Act has been instrumental in uncovering police misconduct and exposing weaknesses in the prosecution’s case. they claim that limiting access to evidence would disproportionately harm low-income defendants and communities of color.

Impact on New york City

Governor Hochul has been particularly vocal about the need for discovery reform in New York city, emphasizing the impact on manhattan. She recently met with leaders from Manhattan, Queens, Brooklyn, and the Chairman of the Chamber of Commerce and Industry, stating that, “There is an urgent need for the revision of the Discovery method to solve the serious sleeve of Manhattan.”

The increased dismissal rates in theft cases, particularly in Manhattan, have raised concerns among business owners and residents, fueling the push for legislative action.

Looking Ahead

The debate over Discovery Law reform is expected to continue in the coming weeks, as lawmakers weigh the competing interests of public safety, due process, and judicial efficiency. the outcome of these negotiations will have a significant impact on the criminal justice system in New York State for years to come. The governor’s office has signaled a willingness to compromise, but remains firm in its commitment to addressing the perceived problems with the current law.

As the discussion unfolds, stakeholders from across the political spectrum will be closely watching to see whether a consensus can be reached that balances the need for effective law enforcement with the fundamental rights of the accused.

FAQ: New York discovery Laws

What is the New York Discovery act?

The New York Discovery Act, passed in 2019 and implemented in 2020, requires prosecutors to disclose all evidence related to a criminal case to the defendant.

Why is the Discovery Act being revised?

The act is being revised due to concerns that the broad scope of required evidence disclosures has led to increased case dismissals and delays in court proceedings.

What changes are being proposed?

proposed changes include narrowing the scope of evidence that must be shared and shortening the timeframe for notifying defense attorneys about the use of a defendant’s statement.

What are the potential benefits of revising the Discovery Act?

Proponents argue that revisions could streamline the criminal justice process, reduce case backlogs, and improve public safety.

What are the potential drawbacks?

Critics worry that narrowing the scope of discovery could undermine the rights of defendants and increase the risk of wrongful convictions.