The Problem:

While some reforms to the discovery laws were needed to make the justice system fairer, the volume of material that prosecutors are now required to locate and turn over at the earliest stage of a case since the reforms were passed in 2019 – under  penalty of dismissal – has undermined public safety. Thousands of cases are being thrown out each year, for reasons that have nothing to do with fairness or justice. In 2023, the overall case dismissal rate (all cases, inclluding misdemeanors and felonies) in New York City was 62%, compared to 42% in 2019 pre-reform.  That’s a 48% increase! That's 20,538 more cases dismissed citywide in 2023 compared to 2019.

Each case dismissed has a victim who is not able to seek justice, with often real consequences for survivors. For example, when domestic violence cases get dismissed due to minor discovery issues, not only does the abuser escape accountability, but the survivor loses the order of protection, leaving them vulnerable to further abuse.

The Solution:

During this year’s legislative session, lawmakers should adopt the Governor’s amendments that make common-sense changes to the discovery statute in order to protect victims and communities while safeguarding the rights of the accused. Even with the changes in places, New York will still be the state with the most open and transparent discovery laws in the nation.