Hochul's evidence law changes lack legislative support in NY

nypost.com

New York Governor Kathy Hochul is pushing to change the state's evidence laws. Her goal is to prevent criminal cases from being dismissed due to minor errors. However, key legislative leaders have not fully supported her proposal, despite growing bipartisan backing. Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins have expressed reservations. Heastie mentioned that lawmakers recognize the need for changes but are debating specifics during budget discussions. He also worries that the proposed changes might give too much power to prosecutors. The state budget deadline is April 1, but negotiations can extend past this date. Neither Heastie nor Stewart-Cousins included Hochul's evidence changes in their budget proposals. Stewart-Cousins believes these discussions should happen separately from the budget talks. Hochul's proposal aims to modify laws from 2019 that enhanced discovery rules. These rules require prosecutors to share evidence with the defense. District attorneys argue that current laws have made it too easy for cases to be thrown out over small mistakes. New data shows that case dismissals in New York City have increased significantly. During a recent rally, several district attorneys highlighted cases dismissed over minor issues. They argue that technicalities are causing serious crimes to go unpunished. Some Republican leaders have also voiced support for revising these laws, stating that dismissals due to technicalities are unacceptable. However, advocacy groups are strongly opposed to the changes. They believe that Hochul’s proposal could undermine protections for defendants. Critics argue that the proposed alterations would make it easier for prosecutors to manipulate cases. They emphasize that the discovery laws are in place to ensure fairness in the legal process. As the situation develops, the future of Hochul's proposal remains uncertain.


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