Governor Kathy Hochul is supporting a major push to change New York’s evidence laws, responding to concerns from district attorneys across the state. The proposed reforms aim to fix issues that have allowed many accused criminals to go free due to legal technicalities.
On Friday, Hochul stood alongside all five of New York City’s top prosecutors, including Manhattan District Attorney Alvin Bragg and Staten Island District Attorney Michael McMahon. She explained that these changes are necessary to stop repeat offenders from being released and committing more crimes.
Hochul highlighted the problem of criminals being arrested and then set free due to procedural errors. She emphasized that fixing these loopholes will help stop this pattern and ensure that justice is served. The numbers support this concern, as data from the Office of Court Administration shows that criminal case dismissals in New York City increased from 41% before the evidence law changes to 62% in 2023.
A key part of Hochul’s plan, included in her $252 billion budget proposal, is placing a time limit on when defense attorneys can request a case dismissal based on an evidence-handling issue. Currently, cases can be dismissed if prosecutors fail to meet deadlines for turning over evidence, which has led to many cases being thrown out. By setting a deadline for these requests, the goal is to prevent unnecessary dismissals.
Another major reform focuses on the type of evidence that prosecutors must provide to the defense. Under the current law, prosecutors are required to submit all materials related to a case, including reports and documents that may not be directly relevant. This requirement, introduced in the state’s 2019 criminal justice reforms, has been criticized as overwhelming and time-consuming for district attorneys.
Hochul’s proposal would change this by limiting the evidence prosecutors must share to only those materials directly related to the charges. Supporters of this change argue that it will reduce unnecessary paperwork and allow prosecutors to focus on the most important aspects of a case.
These reforms are part of a broader effort to address concerns about New York’s criminal justice system. While the original changes were meant to promote fairness, prosecutors believe they have unintentionally made it harder to keep criminals off the streets. Hochul’s plan aims to balance the rights of the accused with the need to keep communities safe and ensure that cases are handled efficiently and fairly.
