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Governor Kathy Hochul visited Kingston to advocate for changes to the state's pretrial discovery laws. On Tuesday (April 15), she emphasized her commitment to not signing a state budget that lacks measures to prevent defense attorneys from dismissing cases on technicalities. Assembly Speaker Carl Heastie announced a "framework" agreement with New York's district attorneys to modify these laws, although Governor Hochul has not yet approved the plan.
The proposed changes aim to adjust the discovery process, which involves the exchange of evidence between prosecution and defense. Governor Hochul has argued that loopholes in the 2019 reforms have led to cases being dismissed when minor evidence is not shared within the required timeline. The new plan suggests only "relevant" evidence should be shared, replacing the current "related" standard, except in cases involving police misconduct.
While Heastie expressed optimism about the compromise, stating that the district attorneys are satisfied, Governor Hochul remains cautious. She urged attendees in Kingston to lobby lawmakers for her preferred plan, emphasizing that the discovery issue is not resolved until she approves the deal. The state budget remains overdue, with other issues like involuntary commitment standards and fiscal matters still under negotiation.
Despite progress, the budget is over two weeks late, and lawmakers have passed a fifth budget extender to maintain state operations. Governor Hochul continues to push for a resolution, asserting that the budget will not be finalized without addressing the discovery law changes.