Gov. Andrew Cuomo and state lawmakers signed off on series of tweaks to the last year’s controversial criminal discovery overhaul that advocates say will lessen the strain on law enforcement and provide additional protection to witnesses.
The changes give prosecutors as long as 35 days after arraigning a suspect to produce evidence in misdemeanor and felony cases where the defendants have been allowed to return home.
In cases where the suspects are remanded, prosecutors will have to produce evidence more quickly — within 20 days of arraignment.
Both are extensions on the current 15-day deadline established by Albany lawmakers last year as part of a sweeping overhaul of the Empire State’s criminal justice system, which was long sought by reform advocates.
“I think we instituted changes that will protect the public and will allow prosecutors to focus on evidence that really matters instead of spending countless hours that might not even be relevant to the case at hand,” said state Sen. Todd Kaminsky (D-Long Island), who pushed for the changes.
The legislation also allows judges to automatically grant protective orders to shield witnesses in sex-trafficking, organized crime and gang-related cases.
Prosecutors complained the production requirements were drowning their offices in additional work and driving staffers to quit.
Civil rights and criminal justice reform groups countered that the changes were essential reform, charging that prosecutors would hang onto case files until just days before trial making it difficult to mount a defense.
However, the tweaks approved this week even found some tacit support among the biggest backers of criminal justice reform in Albany, state Sen. Jessica Ramos (D-Queens).
“We understand this was putting an undo caseload on them,” Ramos said. “It was a recalibration given the resources available.”
— Additional reporting by Andrew Denney



