Congressman Dan Goldman Urges New York State Lawmakers to Reform Discovery Laws in Upcoming Budget

Washington, DC – Congressman Dan Goldman (NY-10) today led a letter alongside Representatives Ritchie Torres (NY-15), Tom Suozzi (NY-03), and Laura Gillen (NY-04) to New York Governor Hochul, Majority Leader Stewart Cousins, and Speaker Carl Heastie urging them to make much-needed reforms to the New York’s discovery laws in the upcoming budget. The members’ proposed reforms enhance state and local law enforcement's ability to police public safety while ensuring New York maintains its strong criminal justice protections for defendants. 

 

The members proposed various changes to New York’s discovery laws, including requiring proof of prejudice before dismissing cases for discovery noncompliance, ensuring cases are only dismissed when a defendant’s ability to defend themselves is seriously harmed, and mandating that defense attorneys raise discovery issues within 35 days of receiving the Certificate of Compliance to prevent delays. Additionally, the members clarified that only materials directly relevant to the charges should be disclosed, reducing the burden of gathering irrelevant documents on prosecutors and law enforcement.  

 

"As the law currently stands, prosecutors must disclose a broad range of materials—some of which may be irrelevant or have little to no evidentiary value—within a narrow timeframe under penalty of case dismissal. This rigid standard has resulted in thousands of dismissals of criminal cases each year, including serious cases, often with no regard to the merits or fairness of the original charge,” the members wrote. 

 

In 2019, New York State implemented significant reforms to discovery laws, requiring disclosure of evidence be provided to defendants within 15 days of their indictment. While the reforms were aimed at increasing transparency, they have forced prosecutors to dismiss large amounts of cases on procedural technicalities, hindering law enforcement’s ability to effectively address public safety. 

 

“Prosecutors, in their effort to comply with the voluminous and often irrelevant discovery requirements, are frequently forced to dismiss cases simply because they were unable to compile and turn over every last piece of material within the mandated timeframe. Additionally, burdensome discovery requirements require both prosecutors and police officers to spend significant time obtaining often irrelevant materials, time that could be better spent investigating and prosecuting other cases,” the members continued. 

With lawmakers crafting the state budget already, the members urged state officials to pursue these commonsense reforms while maintaining New York’s robust protections for criminal defendants. 

 

“By making these adjustments to our discovery laws, New York can continue to be a national leader in criminal justice reform, while ensuring that victims of crime do not suffer further from a system that fails to deliver justice in a timely manner,” the members concluded. 

 

 

Dear Governor Hochul, Majority Leader Stewart-Cousins, and Speaker Heastie: 

 

We are writing to urge the State to include meaningful reforms to New York’s discovery laws in the upcoming budget to ensure a fair and effective criminal justice system that safeguards both the rights of the accused and victims of crime. We were encouraged to see many of these reforms included in the Governor’s budget proposal and hope they will be part of the final budget agreement. 

 

As you are aware, in 2019, New York State implemented significant reforms to its discovery laws, requiring earlier and more comprehensive disclosure of evidence to defendants in criminal cases. These reforms were critical in improving fairness by allowing defendants to make informed decisions about their cases and avoiding guilty pleas based on ignorance of the prosecution’s evidence. However, while the intent behind these reforms was commendable, they have led to some unintended negative consequences that are undermining public safety and the administration of justice. 

 

As the law stands, prosecutors must disclose a wide range of materials—some of which may be irrelevant or have little to no evidentiary value—within a narrow timeframe under penalty of case dismissal. This rigid standard has resulted in the dismissal of thousands of criminal cases each year, including serious ones, often without consideration for the merits or fairness of the original charge. According to the New York County District Attorney’s Office, New York City’s case dismissal rate jumped to 62% in 2023, up from 42% in 2019 before the reforms. In total, this represents a 48% increase in dismissals and 20,538 cases dismissed citywide in 2023 compared to 2019. While a rise in dismissals doesn’t automatically indicate a process issue, the scale and frequency of technical dismissals suggest that changes are needed to ensure justice is served. 

 

Additionally, while the original goal of the discovery reforms was to promote transparency and fairness, their current implementation has overwhelmed our criminal justice system. Prosecutors, in their attempt to comply with the extensive and often irrelevant discovery requirements, are frequently forced to dismiss cases because they could not compile and provide all the necessary materials within the mandated timeframe. Moreover, the burdensome discovery requirements demand significant time from both prosecutors and police officers to gather often irrelevant materials—time that could be better spent investigating and prosecuting other cases. 

This is not merely an issue of fairness; it reflects the consequences of an overly broad and inflexible statute that fails to balance the rights of the accused with the need to protect victims and maintain public safety. 

 

In light of these challenges, we urge you to take the following actions to refine and improve New York’s discovery laws: 

 

 

These reforms will help balance justice for the accused with the protection of victims’ rights and make the criminal justice system more efficient, reducing unnecessary dismissals while preserving the integrity of the discovery process. 

 

Even with these changes, New York will remain a national leader in transparency, maintaining the strictest link between discovery compliance and speedy trial laws, distinguishing it from other states like California, New Jersey, and Texas. While other states have less stringent timelines or more limited remedies for nondisclosure, New York imposes the broadest duty on prosecutors to quickly identify and disclose both direct and tangentially related evidence, including materials affecting the credibility of law enforcement witnesses. These reforms will maintain New York’s leadership in ensuring transparency while balancing fairness for both defendants and victims. 

We ask for your leadership in championing these commonsense reforms during the upcoming legislative session. By making these adjustments to our discovery laws, New York can continue to be a national leader in criminal justice reform, while ensuring that victims of crime do not suffer further from a system that fails to deliver justice in a timely manner.  

 

Thank you for your attention to this critical issue. We look forward to your support in making New York’s criminal justice system more just, effective, and fair for all.