Stronger Discovery Laws to Combat Retail Theft

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.”