Assemblyman Robert Smullen (R,C-Mohawk Valley and the Adirondacks) supports the call from municipalities statewide for changes to the 2019 discovery law reforms. While the Governor is now pushing for further changes to New York state’s discovery laws, Smullen asserts the Assembly Minority Conference as well as law enforcement, defendants, prosecutors, judges and district attorneys, have been calling for these changes for years to correct the issues that have resulted from the 2019 reforms.

The period for discovery, the window by which prosecutors must turn over evidence to the defense, was significantly reduced in 2020. This has made it extremely difficult for prosecutors, due to the unrealistic time constraints the law places on them to turn over exhaustive amounts of information to the defense or face case dismissal. Prosecutors must now share witness information and grand jury testimony early in the process, even if a witness is not slated to testify at trial. As a result, victims and individuals with relevant information no longer come forward out of fear their identities and contact information will be disclosed to the defense.

“Changes to discovery law reforms that the Governor is proposing will focus on what is relevant to the charges a defendant is charged and result in fewer cases being dismissed on technicalities,” said Smullen. “Improving New York state’s discovery laws will help ensure information is exchanged efficiently between district attorney’s offices and ensure victims of crimes receive the justice they deserve.”