‘Discovery’ reforms enable drunk drivers — yet no fix is on the table

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On top of everything else, New York’s misbegotten criminal-justice “reforms” have proved a boon to . . . drunk drivers.

Yet fixing it isn’t even on the table in Albany.

Almost half of all drinking-and-driving offenses in Manhattan got tossed last year, five times the rate before the new “discovery” law kicked in, hugely increasing the pre-trial paperwork burden on prosecutors.

Courts dismissed just 55 of 589 cases in 2019, or 9%; in 2022, it was 128 of 262 cases, 49%.

We don’t have DUI numbers for the other boroughs, but the overall traffic-felony-dismissal rate surged from 2% to 18% in Queens, vs. 6% to 15% in Manhattan.

It’s stayed flat in Staten Island, but DA Michael McMahon says “the crazy and nonsensical discovery burdens placed on us by Albany” have “without question . . . made the work of holding [rogue-driving] offenders fully accountable more challenging and unless necessary changes are made, will soon border on impossible.”

Even Manhattan DA Alvin Bragg, normally a huge supporter of Albany’s soft-on-crime reforms, agrees: “Discovery is burying our prosecutors in paperwork that is often unrelated to the underlying substance of the case.”


ALVIN BRAGG
Manhattan District Attorney Alvin Bragg isn’t a fan of the “discovery” either.
AP/ Seth Wenig

It’s not just drunk drivers who benefit:  The overall NYC case-dismissal rate surged from 44% in 2019 to 69% in mid-October 2021, the Manhattan Institute found.

Yet the only “discovery” fix under consideration in Albany is Gov. Kathy Hochul’s proposal to boost DA funding by tens of millions to hire more prosecutors.

And there’s no guarantee she’ll even get it: Progressives’ resistance to Hochul’s modest fix to the no-bail law has already pushed budget negotiations into overtime.

The “reformed” discovery rules require prosecutors to turn over to the defense all evidence on felony and misdemeanor charges within 20 to 35 days of arraignments — even for cases destined for a plea bargain, where DAs used to never bother finishing discovery.

Missing a single cop’s notebook, or footage from one body-cam, can oblige the judge to throw out the case.

And that peril in turn has forced prosecutors to reduce charges in countless cases simply to bribe the defense into not insisting on full discovery.

The added burden has also devastated morale in DA offices statewide, prompting huge staff turnover — and rookie prosecutors inevitably take a while to get up to speed.

All of which means no amount of added funding can fix the problem: The Legislature must agree to major changes to the discovery rules, or ever-more perps will escape justice.

Maybe, just maybe the fact that they’ve enabled drunk drivers will shame progressives into doing the right thing.

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