New York Gov. Kathy Hochul wants discovery laws changed to stop spike in case dismissals

New York Gov. Kathy Hochul has pressed lawmakers in Albany this week to change the stringent discovery laws the governor said are behind a trend of case dismissals for violent defendants.

Ms. Hochul said constrictive discovery laws require prosecutors to turn over a broad swath of materials to defense attorneys — no matter their relevance to the charges being filed. It’s resulted in a spike in dismissals for defendants accused of theft, domestic violence and other felonies.

“Throwing out entire criminal cases over minor paperwork issues prevents justice from being served — and when abusers can weaponize the court system, the consequences can be tragic,” the governor said. “That’s why I’ll refuse any state budget deal that doesn’t fix this fatal flaw in our laws.”

The discovery laws were first changed in 2019 during the state’s budgeting process, and are lumped together with the “bail reforms” New York underwent that year.

State court data shows how drastic its effect has been on prosecutions. Roughly 40,000 more cases across the Empire State were dismissed in 2024 compared to 2019. In New York City, dismissals shot up from 42% in 2019 to 62% last year.

The nitpicky nature of what constitutes grounds for dismissal was highlighted in a probe by City Journal.

A woman charged with felony robbery in Manhattan had her case dismissed in February after prosecutors didn’t share photos of the victim’s injuries, because the victim never took photos of their injuries.

And a Brooklyn man escaped assault and domestic violence charges last month after prosecutors failed to share details about a detective who wasn’t assigned to the case, but did take a report from the victim.

Ms. Hochul has dug in on correcting this issue.

She let approval for the state’s budget pass its April 1 deadline, and spent much of her week enlisting top prosecutors in New York City and law enforcement officials in the Hudson Valley to join her crusade.

Even Manhattan District Attorney Alvin Bragg, a progressive prosecutor whom conservatives have criticized for being too friendly toward criminal defendants, has rallied behind the cause.

“Meaningful changes on discovery would go a long way in addressing recidivism in this space, and I thank Manhattan’s incredible businesses and Gov. Hochul for advocating for commonsense discovery fixes that ensure our criminal justice system is fair, efficient, and keeps New Yorkers safe,” Mr. Bragg said Wednesday.