Gov. Kathy Hochul delivers the 2025 State of the State Address on Jan. 14, 2025, in Albany, New York. (Credit: Mike Groll/Office of Governor Kathy Hochul)'Playing the Clock'?: Hochul Says NY's Discovery Loophole Is to Blame for Wide Dismissal of Criminal Cases
In her State of State address, New York Gov. Kathy Hochul says defense attorneys have been incentivized to delay raising challenges to a prosecutor's compliance, so that they can have cases thrown out. The state's defense bar rejects these claims and urges the Legislature to leave the reforms undisturbed.
January 14, 2025 at 06:52 PM
7 minute read
New York Gov. Kathy Hochul, in her State of the State address Tuesday, revealed her intention to engage with lawmakers to close what she says is a significant loophole within the state's discovery reform that is leading to the release of criminal defendants, sometimes repeat offenders.
Hochul and others, including district attorneys, say the loophole incentivizes defense attorneys to delay raising challenges to a prosecutor's compliance with their discovery obligations, so that they can have cases thrown out.
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