That's just not true, and if you practice criminal law in NYC and have read Article 245, you know it.
Judicial dismissal is an extraordinary remedy that under 245.80 must come after consideration of other remedies like precluding testimony or giving an adverse inference charge. And courts have generally rejected defendants' motions for dismissal under 245.80 when there's no showing of prosecutorial bad-faith or prejudice. In fact, Article 245 explicitly requires prosecutors to make only a "diligent, good faith effort" to comply.
The data the Post cites doesn't differentiate between dismissal types. What's likely happening is that cases which would usually plead out (the vast vast majority) prior to any discovery are now being voluntarily dismissed by the prosecution, not dismissed by the judge. Why? Because before discovery reform, you didn't get access to any exculpatory evidence until after plea offers expired. Now, prosecutors have to actually prove their cases instead of just threatening defendants with big prison sentences to force a plea.
DWIs are bad, but due process is good. The solution to societal problems is not to strip people of their rights.
wearywary t1_je9z506 wrote
Reply to Surge in DWI dismissals under NY ‘discovery’ reform could lead to tragedy: cops by Brolic_Broccoli
That's just not true, and if you practice criminal law in NYC and have read Article 245, you know it.
Judicial dismissal is an extraordinary remedy that under 245.80 must come after consideration of other remedies like precluding testimony or giving an adverse inference charge. And courts have generally rejected defendants' motions for dismissal under 245.80 when there's no showing of prosecutorial bad-faith or prejudice. In fact, Article 245 explicitly requires prosecutors to make only a "diligent, good faith effort" to comply.
The data the Post cites doesn't differentiate between dismissal types. What's likely happening is that cases which would usually plead out (the vast vast majority) prior to any discovery are now being voluntarily dismissed by the prosecution, not dismissed by the judge. Why? Because before discovery reform, you didn't get access to any exculpatory evidence until after plea offers expired. Now, prosecutors have to actually prove their cases instead of just threatening defendants with big prison sentences to force a plea.
DWIs are bad, but due process is good. The solution to societal problems is not to strip people of their rights.