Larceny Case Dismissals Doubled in New York City From 2019-24 Following the Passage of Discovery Reforms

Governor’s Proposal To Streamline Discovery Process Will End Procedural Delays and Prevent Automatic Dismissals of Retail Theft Cases

Proposal Builds on Governor Hochul’s Five-Point Plan To Fight Organized Retail Theft

Governor Kathy Hochul on April 16th, stood with business leaders and District Attorneys to call for essential changes to New York's discovery laws that would amend reforms passed in 2019 and serve as another tool to combat retail theft. The Governor’s latest push builds on her efforts to establish new protections against organized retail theft that were signed into law with the FY25 Enacted Budget as part of her five-point plan to combat these crimes.

“Retail theft threatens public safety and drives costs up for all New Yorkers,” Governor Hochul said. “I have been clear since day one: I won’t stop fighting to pass a State Budget that prioritizes affordability and key public safety measures. We cannot allow loopholes in our discovery laws to harm the progress we have made in combatting organized retail theft and I remain committed to advancing key changes to discovery laws to hold perpetrators accountable.”

In 2024, Governor Hochul signed into law a key component of her five-point plan to fight organized retail theft. These protections included more than $40 million for dedicated retail theft teams within State Police, District Attorneys’ offices and local law enforcement dedicated to fighting organized retail theft. The plan also provides a $5 million tax credit to help small businesses invest in added security measures, such as cameras, and increases criminal penalties for anyone who assaults a retail worker by elevating it from a misdemeanor to felony.

Without changes to New York State’s discovery laws, efforts to stymie organized theft and drive down crime across the state will fall short of their intended goals. In New York City, the number of larceny dismissals doubled from 3,385 in 2019 to 7,168 in 2024. In 2024, 25 percent of all larceny arrests in New York City were dismissed, up significantly from 14 percent in 2019.

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Manhattan District Attorney Alvin Bragg said, “Manhattan is the retail capital of the world and our office is combatting retail theft and prosecuting those who repeatedly engage in this criminal activity. Meaningful changes on discovery would go a long way in addressing recidivism in this space and I thank Manhattan’s incredible businesses and Governor Hochul for advocating for commonsense discovery fixes that ensure our criminal justice system is fair, efficient, and keeps New Yorkers safe.”

Brooklyn District Attorney Eric Gonzalez said, “I’m grateful to Governor Hochul for her leadership and to the Legislature for engaging directly with prosecutors to understand the real-world impact of the current discovery law. These reforms were meant to ensure fairness for people accused of crimes, but in practice, we have seen serious cases dismissed because of minor technical discovery violations that do not prejudice the defense. The Governor and legislative leaders have shown a strong commitment to working with us on a solution that protects the rights of the accused while ensuring that victims are not denied justice. I am confident we will reach an agreement that strikes the right balance.”

Queens District Attorney Melinda Katz said, “I thank Governor Hochul, Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins for finding common ground on New York’s discovery laws. Thousands of cases have been dismissed statewide for technical violations of the discovery statute — and common sense told us that had to change. These changes will preserve the rights of the accused while helping improve public safety and protect victims. New York has the most transparent discovery laws in the United States and these changes will safeguard that designation.”

Richmond County District Attorney Michael McMahon said, "Like most New Yorkers, I believe that a defendant's guilt or innocence should be decided on the merits of the case, not on technicalities and loopholes. The unfortunate reality is that New York State's current discovery laws allow far too many drivers of crime, including retail theft recidivists, domestic abusers, and more serious offenders, to escape consequence for their criminal action as thousands of misdemeanors are dismissed across our State over minor and irrelevant paperwork issues. This reality robs victims, survivors, and their families from ever receiving justice and defendants from being held accountable for their crimes in the courtroom. That said, we believe that there is light at the end of the tunnel, and that changes are coming. Governor Hochul's proposed amendments to our discovery statutes offer a common-sense path forward which will restore accountability in our criminal justice system while still maintaining New York State's distinct standing as having the most open and transparent discovery laws in the nation. As State Budget negotiations continue, I commend Governor Hochul for her partnership and commitment to strengthening public safety, and to Speaker Heastie and Leader Stewart-Cousins for their willingness to sit with us with a common goal of improving a well-intentioned but flawed law.”

I have been clear since day one: I won’t stop fighting to pass a State Budget that prioritizes affordability and key public safety measures."

Governor Hochul

Manhattan Chamber of Commerce Jessica Walker President and CEO said, “Retail theft is a major threat to storefront businesses in New York. Common-sense discovery reform will help ensure repeat offenders receive justice and are not free to prey on the same stores day after day. Customers and employees deserve to be safe.”

Noir et Blanc Owner Deborah Koenigsberger said, “I cannot overstate how grateful I am to Governor Hochul for her commitment to supporting small businesses. Small business owners cannot afford to be victimized, and certainly not repeatedly as has become the practice. These amendments to streamline the discovery process, I believe will declutter the process and strengthen the ability of the justice system to more swiftly and effectively deal with bad actors.”

Greater New York Chamber of Commerce President and CEO Mark Jaffe said, “We applaud Governor Hochul’s attempt to change the complicated New York discovery rules. As the rules stand today; too many cases are thrown out over legal technicalities. This leaves many victims — including our member retailers — without justice. It’s time to reform these rules and hold shoplifters accountable. The Governor also wants to shorten pretrial detention and case processing times to give everybody the justice they deserve. Everybody at the chamber wants safe streets and this will certainly help protect against retail theft.”

Retail, Wholesale and Department Store Union President Stuart Appelbaum said, “Our members in public facing roles in retail stores, supermarkets and pharmacies across New York State suffer from workplace harassment and violence as a result of retail theft. We believe these efforts, in conjunction with the implementation of the needed provisions in the Retail Worker Safety Act, will help to keep retail workers safe on the job. We thank Governor Hochul for her continued leadership in addressing this critical issue for our members.”

As part of her FY26 Executive Budget, Governor Hochul proposed changes, which have received bipartisan support from elected officials, district attorneys, unions and victim advocate groups that would uphold the State’s discovery reforms that went into effect in 2020 while ensuring a fairer and more just legal system for New Yorkers.

Without changing any of the essential features of the 2019 reforms, Governor Hochul’s proposed changes to New York State’s Discovery Law would ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration and safeguard sensitive and personal information belonging to witnesses. Once passed, New York will still have the most open and transparent discovery laws in the nation, requiring prosecutors to proactively gather comprehensive material and disclose it quickly to individuals charged with a crime.

Earlier this week, Governor Hochul and the New York State Office for the Prevention of Domestic Violence (OPDV) released a package of reports highlighting the importance of streamlining New York’s discovery laws to protect the rights of crime victims. Yesterday, the Governor stood with law enforcement in the Hudson Valley echoing similar calls for support from the New York State Sheriff's Association, the District Attorneys Association of the State of New York, as well as religious leaders, business groups, and domestic violence and victim advocates. A brief explainer video can be viewed here.