Governor Kathy Hochul visited Kingston on Tuesday to rally support for changes to New York’s pretrial discovery laws, a major sticking point in stalled state budget negotiations. Speaking at the Ulster County Law Enforcement Center alongside local law enforcement officials, Hochul reinforced her demand that reforms be included in the final budget, now over two weeks late.
The governor argued that the 2019 overhaul of discovery procedures, intended to level the playing field for defendants, had led to unintended consequences. She cited a sharp rise in case dismissals—up from 10,000 in 2019 to nearly 50,000 in 2024—due to procedural errors, even in serious criminal cases. Hochul’s proposed amendments would limit automatic dismissals for minor discovery lapses and streamline the process for redacting sensitive information.
Ulster County District Attorney Emmanuel Nneji and Sheriff Juan Figueroa supported the changes, pointing to local challenges in meeting tight discovery deadlines. Hochul positioned the reforms as necessary to prevent violent offenders from avoiding trial over technicalities, while maintaining fair access to evidence for defendants.
Critics, including defense attorney Andrew Kossover and Assemblymember Sarahana Shrestha, pushed back, arguing that the current laws protect the rights of the accused and that systemic issues in New York City shouldn’t drive statewide policy. Kossover said Ulster County hasn’t seen widespread discovery-related dismissals.
Meanwhile, legislative leaders in Albany reported progress toward a potential compromise: allowing cases to proceed if prosecutors can show they acted with due diligence, unless the failure to disclose evidence harms the defense. The framework awaits final agreement from Hochul and the state Senate.
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