Changes to New York’s Criminal Evidence Discovery Rules

ALBANY — Governor Kathy Hochul announced on Wednesday that adjustments to New York’s criminal evidence discovery rules are set to take effect this week.

Democrats might not be pushing for a contentious debate on raising the age of adult criminal responsibility from 16 to 18. Instead, they are engaged in discussions with lawmakers regarding the requirements for sharing evidence in criminal cases, which have come under scrutiny.

Hochul explained that these changes, effective Thursday, aim to prevent cases from being dismissed due to technological issues that arose from prior reforms initiated by Andrew Cuomo and the legislature back in 2019.

“What they thought would promote justice for victims turned out to be, well, upside down. There was no real justice for many, and I want to change that,” Hochul remarked.

Five district attorneys from New York City—Alvin Bragg, Darcel Clark, Eric Gonzalez, Melinda Katz, and Vince McMahon—have partnered with Hochul to advocate for these changes.

Now, law enforcement professionals and some Democratic lawmakers are urging a re-examination of the age threshold.

“If we’re having a discussion about the age factor, the legislative session is an appropriate time for it. I’m open to discussing all aspects of criminal justice,” Hochul said.

The “Raise the Age” law, which Cuomo signed in 2017, redirected cases involving 16- and 17-year-olds to family court judges, focusing on serious felonies, including murder.

The reform was created to help young offenders access resources to help deter repeat crimes—a perspective Hochul believes still needs addressing.

“The funding for alternative programs isn’t being released quickly enough,” she stated.

Hochul is facing increasing pressure to tackle this issue after a tragic incident where ten individuals were shot—events that included a deadly shootout and significant property damage due to a flare gun after a fireworks show near the state capitol on July 4th.

Albany Mayor Kathy Sheehan and Police Chief Brendan Cox expressed their frustrations during a press conference shortly after that shooting.

“I’m not suggesting we just take a teenager off the street, but when you have a 15-year-old indiscriminately firing into a crowd, I don’t think it’s unreasonable to suggest that they shouldn’t be on the streets at that moment,” Cox said.

Lee Kindron, a former Democratic lawyer, has also joined the call for revisions to the law.