Assemblyman Robert Smullen, representing the Mohawk Valley and the Adirondacks, has voiced support for statewide calls to modify the 2019 discovery law reforms in New York. As the Governor advocates for further changes, Smullen points out that the Assembly Minority Conference, along with various legal and law enforcement entities, have long been advocating for these adjustments to address the issues stemming from the 2019 changes.
The reforms made in 2020 significantly reduced the timeframe for prosecutors to provide evidence to the defense. According to Smullen, these constraints make it challenging for prosecutors, who must now deliver extensive information promptly or risk case dismissals. The requirement also includes sharing witness details and grand jury testimony early in the process, even if witnesses do not testify in court, discouraging some from coming forward due to privacy concerns.
“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. He believes that enhancing these laws will promote efficient information exchange between district attorney offices and ensure justice for crime victims.
