A revised state law lets judges decide when to toss cases over missed deadlines

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Defense lawyers, who had fought the change, now say they are mostly untroubled by it.

Tucked into the $220 billion dollar state budget that passed this weekend was a revision in a state law that will make it rarer for criminal cases to get tossed out when prosecutors fail to turn over evidence.

It follows major reforms in 2020 that significantly tightened the rules around evidence. Many prosecutors complained the original law went too far, saying some defendants got their charges dismissed because of minor paperwork errors. “When you have a monolith, like the NYPD and labs and reports,” Jordan said, “everything became litigation over ‘Did you give me that one page of the notebook?’"

Lawmakers also passed legislation giving $65 million in new funding to help DAs from smaller counties to hire staff and buy the technology to manage what they say can be an overwhelming amount of evidence.

 

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