Changes are needed to close loopholes that are letting criminals walk free on technicalities.

Yesterday, the Garment District Alliance joined a broad coalition to throw its support behind Governor Hochul's plan to amend New York's discovery laws. Her amendments will close loopholes that are letting thousands of criminals walk free on technicalities.

Executive Summary

• New York's discovery laws underwent major reform in 2019. The goal: to require earlier and much more extensive disclosure of the prosecution’s evidence (called "discovery") to defendants in criminal cases.
• Prior to reform, critical evidence was sometimes not disclosed until the eve of trial, and some accused people faced pressure to plead guilty without knowing the strength of the state’s case against them.
• Reform of the discovery laws made the justice system fairer, but a disturbing trend has also emerged: we are seeing a major jump in the number of cases being thrown out on technicalities.
• Since reform in 2019, the volume of material that prosecutors must locate and turn over at the earliest stage of a case – under penalty of dismissal – has undermined public safety.
• Thousands of cases are now dismissed annually, for reasons that have nothing to do with the merits of the case. Victims are being robbed of their right to seek justice.
• Amendments to the 2019 reforms are needed to close these loopholes. Governor Hochul has put forward a plan that is supported by all five of New York City's district attorneys.
• During this legislative session, lawmakers in Albany should adopt these common-sense adjustments to the statute to protect victims of crime while still safeguarding the rights of the accused.
• Once the amendments are adopted, New York will still be the state with the most open and transparent discovery laws in the nation!

Get Involved
Learn more about the issue:

• Backgrounder (PDF)
• Video Explanation (YouTube)
• Myths Debunked (PDF)

Then, click the link below, provided by the Manhattan Chamber of Commerce, to send a quick note to key legislators in the State Senate and Assembly. Tell them to pass the Governor's discovery amendments NOW!

MCoC: Close the Loopholes to New York's Discovery Laws