Hochul Slams Brakes on NY’s Broken Discovery Laws, Demands Fix to Stop Criminals Walking Free

Governor Kathy Hochul stormed into Albany on April 15, 2025, flanked by Hudson Valley law enforcement, to demand a major overhaul of New York’s discovery laws, vowing not to sign a State Budget without these critical public safety reforms. Since the 2019 discovery reforms, felony case dismissals in Ulster County have skyrocketed from 3.6% to 8.2%, with speedy trial dismissals surging a jaw-dropping 373% statewide. Hochul’s plan, backed by bipartisan heavyweights and victim advocates, keeps the 2020 reforms’ transparency but plugs loopholes letting perps off on technicalities. Her fixes include shielding witnesses’ personal info, curbing frivolous delays, and stopping automatic dismissals for minor errors—ensuring justice for victims while keeping New York’s streets safer.

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

Governor Hochul Is Fighting To Streamline Discovery Process To End Procedural Delays and Prevent Automatic Dismissals

Since 2019, Rate of Dismissal for Felony Cases More Than Doubled From 3.6% to 8.2% in Ulster County

Since Discovery Reform, Speedy Trial Dismissals Increased More Than 300%

Governor’s Plan Has Won Bipartisan Support From Elected Officials, District Attorneys and Advocates

Governor Kathy Hochul today stood with Hudson Valley law enforcement officials and elected leaders to call for essential changes to New York’s discovery laws. The Governor’s visit comes as she doubles down on her pledge not to approve a State Budget that fails to include key public safety measures.

“I want New Yorkers to hear firsthand from the people on the frontlines about why these changes we are fighting for are so important,” Governor Hochul said. “No one understands the need for commonsense changes to our discovery laws better than victims of crime and our partners in law enforcement who see too many victims being denied justice and too many perpetrators reoffending thanks to loopholes in our laws. I made a promise to New Yorkers that their family would be my fight — that means standing strong to pass a State Budget that makes New York safer and more affordable for all.”

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.

No one understands the need for commonsense changes to our discovery laws better than victims of crime and our partners in law enforcement who see too many victims being denied justice and too many perpetrators reoffending thanks to loopholes in our laws.”

Governor Hochul

Once passed, New York will still have the most open and transparent discovery laws in the nation, requiring prosecutors to proactively gather comprehensive material and disclose it quickly to individuals charged with a crime. Importantly, however, the law will prevent cases from being automatically dismissed based on inconsequential errors. Now, a court will have to assess whether an alleged error actually caused harm to the defense.

The Governor’s trip to the Hudson Valley follows the release of a new report by the New York State Office for the Prevention of Domestic Violence (OPDV) highlighting the importance of passing Governor Hochul’s proposal to streamline New York’s discovery laws to protect the rights of crime victims. The proposal aligns with Governor Hochul’s sustained investments in programs and initiatives that have allowed law enforcement agencies and community-based organizations to better address the causes and consequences of crime and drive gun violence to record lows.

New York State Office of Victim Services Director Bea Hanson said, “Governor Hochul’s Executive Budget includes a record-level investment in victim services, expands access to compensation, and funds evidence-based strategies to reduce violence and victimization. Common-sense changes to the discovery law will improve how our criminal justice system functions, build trust among survivors that the system can protect them and continue to ensure due process for those accused of crimes.”

Ulster County District Attorney Emmanuel Nneji said, “Discovery has always been about fairness and justice, which are mutually compatible for defendants and victims alike. The Governor’s proposed amendments do not in any way interfere with or roll back the good intentions of the reform.”

Ulster County Sheriff Juan Figueroa said, “Amending the discovery law allows a balance in criminal trials. The rights of the accused and the rights of Victims thus allowing discretion to our judges in pre-trial discovery matters.”

Columbia County District Attorney Chris Liberati-Conant said, “I stand with the Governor on her proposed discovery amendments. We need a system that is fair to all sides — defendants, the prosecution, and the victims of crime. These commonsense changes are not about rolling back reform — they’re about making the system work better for everyone. The Governor’s proposal strikes the right balance: it preserves transparency while restoring the ability to deliver justice swiftly and responsibly. It’s exactly what we need — and exactly what public safety needs.”

April 15, 2025 Albany  New York

Sources: NY. gov , Midtown Tribune ,
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