Hochul backs NYC DAs push to reform discovery laws by closing loopholes that let criminals walk free on technicalities

Gov.Kathy Hochul is rallying behind Big Apple district attorneys’ push to change the state’s evidence laws — by closing a loophole prosecutors argue has led to more accused criminals being let off on technicalities.All five of New York City’s top prosecutors, from lefty Manhattan DA Alvin Bragg to conservative Staten Island DA Michael McMahon, flanked Hochul on Friday as she touted the proposed reforms — and cast them as necessary to prevent recidivism.“We’re continuing to see a real urgent problem of a revolving door of criminals who are arrested and then let out on technicalities, free to commit crimes again,” she said.“Fixing these loopholes will be a step in the right direction to stopping the revolving door of people who are arrested, as I said, and released on a technicality.”A major tweak to so-called discovery laws endorsed by the DAs — and included in Hochul’s whopping $252 billion budget plan — would be to set a time limit for when defense attorneys can request that a case be tossed based on an alleged evidence violation.This would make it less likely that cases get tossed on technicalities, such as if prosecutors don’t meet deadlines for turning over evidence, the governor’s office said.The governor also wants to narrow the scope of materials that prosecutors are currently required to turn over to the defense. Currently, prosecutors have to submit “all items and information that relate to the subject matter of the case” — an ask that DAs across the state have argued is burdensome as it could include reports, documents and other materials that are irrelevant.Under Hochul’s proposed bill, prosecutors would only have to turn over evidence related to the specific charge in the case at hand.Discovery practices were tweaked as part of the state’s 2019 criminal justice reforms, alongside the highly contentious bail laws, but prosecutors have argued that the changes have led to more criminal cases getting tossed.Crimi...

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Publisher: New York Post

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