Essential Changes to New York’s Discovery Laws Will Support Survivors, Hold Perpetrators Accountable and Safeguard Right to a Fair and Speedy Trial

$135 Million in State Budget for Prosecutors and Defenders To Ensure Compliance with Discovery

Changes to Discovery Build Upon Governor Hochul’s Record Investments in Proven Crime Prevention Initiatives

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Governor Kathy Hochul today announced essential changes to New York's Discovery Laws alongside New York District Attorneys, domestic violence survivors and advocates. Part of the FY26 State Budget agreement, these discovery reforms build upon Governor Hochul’s record investments in proven crime prevention initiatives, while holding perpetrators accountable and safeguarding the right to a fair and speedy trial in New York State. The Governor also allocated $135 million in the State Budget for both prosecutors and defenders across the State to help ensure compliance with discovery.

“Over the last few months, I have been laser focused on passing a State Budget that prioritizes the safety and well-being of all New Yorkers. By making essential changes to our discovery laws, we’re doing exactly that: standing up for victims, protecting the rights of survivors and revoking get out of jail free cards because of minor technicalities,” Governor Hochul said. “I am committed to continue doing everything in my power to keep New Yorkers safe, and today we take a step towards rebalancing the scales of Justice and standing up for victims.”

With bipartisan support from District Attorneys, domestic violence victim advocates, religious leaders and business groups, the reforms to streamline New York’s Discovery Laws will prevent cases from being thrown out over technical errors and eliminate dismissals and disruptions that have adversely affected survivors of domestic violence and other serious crimes.

The essential changes to New York’s Discovery Laws included in the FY26 State Budget agreement will:

• Require courts to consider the prosecutor’s efforts as a whole and whether any missing material prejudiced the defense, preventing cases from being thrown out over insignificant mistakes;
• Narrow the scope of the items that must be disclosed and cut out the need to seek certain materials that are irrelevant to the charges against the defendant, allowing prosecutors to better focus on gathering the evidence that really matters;
• Allow prosecutors to move the case forward after they have exercised good faith and due diligence to obtain discoverable material and disclosed everything they have actually obtained, even if there are items they are waiting on;
• Protect against manipulation of the speedy trial clock, requiring defense attorneys to bring challenges early in the case and confer with prosecutors to resolve issues and move cases forward quickly; and
• Streamline protections for sensitive witness information, both to protect witnesses and to facilitate a culture of witnesses feeling empowered to come forward.

New York’s Discovery Laws remain the strongest for defendants in the country, achieving the Governor’s joint goals of maintaining due process for defendants while making common-sense adjustments to make the system work for victims and public safety.

This holistic approach will replace the previous system that allowed for automatic dismissals based on any small discovery error, and will allow victims in New York to seek justice based on the merits of their case while ensuring a public safety system with true accountability.

I am committed to continue doing everything in my power to keep New Yorkers safe, and today we take a step towards rebalancing the scales of Justice and standing up for victims.”

Governor Hochul

Staten Island District Attorney & DAASNY President Michael E. McMahon said, “New York's 2019 Discovery Reforms led to the dismissal of tens of thousands of misdemeanor and felony cases across our State, leaving countless victims and survivors without justice and jeopardizing public safety. As President of the District Attorneys Association of the State of New York, I along with dedicated prosecutors from across the 'Empire State' are proud to have worked with Governor Hochul and our state legislators to enact commonsense changes to New York's discovery statutes that will prevent automatic and needless dismissals while the most open and transparent discovery law in the country. The amendments agreed to in this State Budget will help alleviate the onerous burdens placed on our prosecutors, prevent the thousands of absurd case dismissals, and halt the revolving door of recidivism plaguing New York State. I applaud Governor Hochul, my fellow district attorneys, legislative leaders Carl Heastie and Andrea Stewart-Cousins, and all those who advocated for these meaningful reforms, and thank them for their commitment to making our communities safer and our criminal justice system fairer and more efficient.”

Bronx District Attorney Darcel D. Clark said, “I am grateful to the Governor and the Legislature for their collaborative efforts to enact prudent changes to the discovery laws. These modest amendments will assist in achieving justice for victims of crime and continue transparency to the accused. All stakeholders took great care to develop balanced reforms and redress the unintended consequences that led to an increase in technical dismissals over the past five years. This legislation is a significant step for public safety and a proud moment for all in New York.”

Brooklyn District Attorney Eric Gonzalez said, “In New York, we’re proving that a commitment to both safety and fairness are inextricable, and these changes to our discovery laws reflect that. By maintaining the most transparent discovery laws in the nation while preventing cases from being derailed over minor technical issues, we’re ensuring that the rights of the accused are protected, that those who commit serious crimes are held accountable, and victims of crime receive the justice they deserve. I commend Governor Hochul and the Legislature for taking this important step forward and for their dedication to justice for all New Yorkers.”

Queens District Attorney Melinda Katz said, “I thank Governor Hochul, the State Senate and the State Assembly for finding common ground on New York’s discovery laws. The 2020 changes were the right step forward, but they have led to unintended consequences with thousands of cases statewide dismissed for technical violations of the discovery statute. The dismissals left victims of crime unprotected and without justice. The negotiated changes in the State Legislature will preserve the rights of the accused while improving public safety and protecting victims. New York has the most transparent discovery laws in the United States and the agreed upon changes will safeguard that designation.”

Manhattan District Attorney Alvin Bragg, Jr., said, “As Manhattan District Attorney I stand with survivors of crime, including domestic violence and sexual assault, and strongly believe they should all get their well-deserved day in court. The changes to our discovery statute are a meaningful step forward that will significantly improve our practice and advance public safety, while maintaining our state’s status as having the most open and transparent discovery law in the country. I want to thank Governor Hochul for championing the law through this session, our legislative leaders – specifically Speaker Carl Heastie and Majority Leader Andrea Stewart-Cousins – and the dozens of survivor advocacy groups, elected officials, business and community leaders and prosecutors from across the State who spoke out in favor of commonsense reforms to the law. This is a major step forward in our fight for public safety and justice for all.”