Op-Ed | Governor Hochul’s discovery: Balancing justice for all

In cities and towns throughout New York State, there are organizations that care for their neighborhoods – Business Improvement Districts (BIDS) and chambers of commerce. As business leaders, we see the impacts of public policy on the ground, at street level. We work tirelessly with our communities, local authorities, and elected officials to make our neighborhoods cleaner, safer, and more inviting. We manage and program public spaces to benefit everyone – people visiting, living, or working in our neighborhoods. When we see something wrong, we try to fix it, or work with those in government who can. In New York State, our current criminal justice system is not working for our neighborhoods, but more importantly, it is not working for victims. Correctly, recent reforms have bolstered protections for the accused.

However, it is increasingly clear that there have been unintended consequences. Victims are denied both justice and protection from the accused, and neighborhoods are less safe. There is a simple solution. We urge everyone to support Governor Hochul’s proposal to amend discovery laws to help victims of crimes receive justice and protection from the accused, and make our neighborhoods safer.

Discovery laws, which govern how evidence is used in criminal cases, may sound far from the world of BIDs and chambers of commerce. But whether you are from Manhattan, Montauk, Buffalo or from countless neighborhoods across the state, each day criminal cases are dismissed on technicalities, denying justice for victims, and releasing the accused to further victimize. In 2023, 62% of all NYC cases were dismissed, a stark increase from 42% in 2019. Misdemeanor cases saw an even higher dismissal rate of 74% compared to 49% pre-reform. The lack of accountability for the accused has eroded the public’s sense of safety, hurt our communities, and undermined our ability to contribute to the neighborhoods where we work.

The proposed amendments in Governor Hochul’s budget offer a practical solution. The changes seek to balance victim protection with the rights of the accused, by requiring proof of prejudice before a case can be dismissed. Rather than allowing cases to be thrown out on a technicality, this amendment sets penalties for discovery violations proportional to the severity of the violation. This ensures that insignificant or irrelevant evidence does not derail an entire case. Just as important, these proposals keep the essential reforms of 2019 in place, changing only the ability to dismiss entire cases due to minor discovery violations. Even with these changes, New York would have the most transparent discovery laws in the country.

We urge lawmakers to remember that their choices have very real consequences for the people they serve. We hope they support the Governor’s common-sense proposal to amend discovery laws and provide the protection and support the victims of crimes are seeking.

Barbara Blair is President of the Garment District Alliance, Rob Byrnes is President of the East Midtown Partnership, Tom Harris is President of the Times Square Alliance and Jessica Walker is President & CEO of the Manhattan Chamber of Commerce.