Op-Ed: Speed Case Discovery with NYPD Databases

In 2019, New York State made significant changes to its criminal law with the stated goal of ensuring that New Yorkers accused of a crime could quickly gain access to evidence against them. “Discovery reform,” overshadowed in the news by changes to New York’s bail laws, was intended to speed up the pretrial process and allow defendants to make informed decisions about whether to accept a plea deal or mount a defense.

But some of the results of discovery reform are not what the Legislature intended. Data from the court system show that while there are fewer plea bargains, there are also fewer cases going to trial — less than one-half of 1%.

The big change is in the share of cases being dismissed — which has risen sharply, from 41% to 62%. For felonies only, the share of outright dismissals has gone from 28% to 41%. Many of these cases — and others that never even make it to trial — are lost because prosecutors cannot meet the technical requirements and deadlines of the discovery law.

A system that depended on coercive plea deals was no one’s idea of justice — but neither is one where valid criminal charges are dropped because prosecutors are overwhelmed by administrative burdens and forced to triage cases.