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Home » News » New York updates discovery laws to protect victims and reduce dismissals

New York updates discovery laws to protect victims and reduce dismissals

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  • Staff Report 

State and local leaders across New York are praising a sweeping overhaul of the state’s criminal discovery laws, enacted through the Fiscal Year 2026 budget, as a long-overdue fix to rules that had led to thousands of case dismissals due to technical errors.

The changes, championed by Governor Kathy Hochul, address growing frustration among prosecutors, advocates, and business leaders over what they say were unintended consequences of the 2019 reforms. While those reforms aimed to ensure transparency and fair access to evidence for defendants, critics said they opened the door to legal loopholes that undermined justice for victims.


“These changes protect against technical dismissals, and the dangerous consequences of those dismissals,” said Rensselaer County District Attorney Mary Pat Donnelly, calling the reforms “a critical investment in public safety.”

District attorneys from Albany, Wayne, Columbia, and Tompkins counties echoed that message, applauding the reforms for striking a balance between due process and the ability to prosecute cases without being derailed by minor procedural missteps. “These changes represent a commonsense and pragmatic solution,” said Tompkins County DA Matthew Van Houten.

Advocates for domestic violence survivors also welcomed the reforms. “These changes will provide a positive impact for survivors,” said Long Island Against Domestic Violence Executive Director Wendy Linsalata, who emphasized that dismissed cases often discourage victims from seeking help.

Sanctuary for Families CEO Hon. Judy Harris Kluger said the original law “left survivors without protection and offenders without accountability.” She praised the new provisions for restoring the ability of survivors to “seek safety and justice through the courts.”

Leaders of business and religious organizations joined the chorus of support. Jessica Walker of the Manhattan Chamber of Commerce called the reforms “a very heavy lift,” adding that they address “substantial and far-reaching impacts” on public safety. Rabbi Sharon Kleinbaum said the amendments preserve the spirit of the 2019 reforms while fixing the harm they caused victims.

Many local officials cited real-world consequences of the prior law, including the strain it placed on prosecutors and the flood of dismissed cases. “Thousands of cases, including many involving serious offenses,” were thrown out due to overly broad disclosure rules, said Staten Island Community Board 3 Chair Tom Barlotta.

Westchester County District Attorney Susan Cacace called the changes “a win for all New Yorkers,” while Bronx Chamber of Commerce President Lisa Sorin linked the reforms to a crackdown on retail theft that has battered small businesses.

The revised laws set clearer standards for discovery timelines, allow proportionate remedies for procedural errors, and encourage good-faith resolution of disputes over evidence sharing. The changes aim to prevent dismissals when violations don’t compromise a defendant’s ability to mount a defense.

Support also came from a broad array of civic leaders, including church pastors, mayors, and community board members. Pastor Robert M. Waterman of Antioch Baptist Church in Brooklyn said the reforms “strengthen public safety while ensuring fairness.” Monroe County Sheriff Todd Baxter praised the legislation for giving law enforcement “the tools we need to protect our neighborhoods.”

Governor Hochul’s office confirmed that $135 million has been allocated in the state budget to help implement the reforms. This funding is intended to bolster staffing, technology, and training across prosecutors’ offices.

“This is a done deal,” said Deborah Koenigsberger, owner of the boutique Noir et Blanc. “So grateful to our Governor who stood her ground on behalf of small businesses like mine.”