Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
A revised state law lets judges decide when to toss cases over missed deadlines
By
Charles Lane
Published Apr 11, 2022
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Shutterstock
By
Charles Lane
Published Apr 11, 2022
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
Tucked into the $220 billion dollar state budget that passed this weekend was a revision in a state law that will make it rarer for criminal cases to get tossed out when prosecutors fail to turn over evidence.
The change gives judges more discretion over whether to dismiss criminal cases when prosecutors don’t follow discovery rules. It also clarifies what material they must turn over.
It follows major reforms in 2020 that significantly tightened the rules around evidence. Many prosecutors complained the original law went too far, saying some defendants got their charges dismissed because of minor paperwork errors.
“When a dismissal happens, now you have a victim who's left without justice, and the system doesn't work,” said Tony Jordan, district attorney in upstate Washington County and president of the District Attorney Association of New York.
“It ought not be a 'gotcha' system.”
Defense attorneys said such dismissals are rare, but Jordan, a Republican, said they happened frequently enough that prosecutors had to guard against them by hunting down even inconsequential pieces of evidence. This was especially onerous for large, downstate counties.
“When you have a monolith, like the NYPD and labs and reports,” Jordan said, “everything became litigation over ‘Did you give me that one page of the notebook?’"
The new law allows judges to decide whether a prosecutor who failed to turn over evidence made the mistake in spite of due diligence and a good faith effort.
Lawmakers also passed legislation giving $65 million in new funding to help DAs from smaller counties to hire staff and buy the technology to manage what they say can be an overwhelming amount of evidence.
Criminal defense lawyers had pushed back hard against any changes to the 2020 discovery reforms. But in the end, they said they were mostly untroubled by the changes that were made.
Scott Levy, director of public policy at the Bronx Defenders, said he thought Gov. Kathy Hochul’s initial proposal was much worse because it would have gutted speedy trial and discovery rights.
“That conversation was largely driven by fear, not facts. It was not driven by data or evidence, but politics,” he said.
Tagged
Albany
legislation
discovery
criminal law
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
NYC Council to consider earlier Legionella reporting after deadly outbreaks
A bill facing a hearing Monday would require cooling tower owners to notify city health officials when bacteria levels reach a much lower threshold.
By
Catalina Gonella
Published Oct 18, 2026 at 7:36 p.m. ET
Staten Island fire injures 2, but spares historic 'Godfather' church
Dozens of firefighters responded to the blaze, which started in a vacant warehouse. It was contained within three hours.
By
Giulia Heyward
News
Staten Island fire injures 2, but spares historic 'Godfather' church
Dozens of firefighters responded to the blaze, which started in a vacant warehouse. It was contained within three hours.
By
Giulia Heyward
Bail reform remains major issue in NY governor's race, 7 years after it became law
By
Gino Fanelli
NYPD identifies Bronx man, 26, killed in Midtown subway shooting
By
Ryan Kost
,
Elizabeth Kim
and
Phil Corso
Have you seen this Yorkie? NYPD looking for adorable pup dognapped from her Queens home
By
Ryan Kost
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .