Caucus Calls for Passage of Common-Sense Proposals to Strengthen New York’s Evidence-Sharing Practices, and on Hochul to Finalize the Budget
Exonerated New Yorker Reney Lynch speaks on her experiences and the importance of discovery reform.
(ALBANY, NY) - The Black, Puerto Rican, Hispanic & Asian Legislative Caucus and exonerees held a press conference earlier today to express their strong support for New York’s successful and modernized discovery statute. Lawmakers also called for commonsense proposals to strengthen the state’s evidence-sharing practices and they urged Governor Kathy Hochul to cease obstructing the budget process by pushing forward policies that are both ill-conceived and harmful, which do not reflect the will of New Yorkers.
At the behest of law enforcement, Governor Kathy Hochul included a sweeping proposal in her Fiscal Year 2026 Executive Budget that would overturn the current statute and restore a system allowing police and prosecutors to withhold evidence until the eve of trial. This would keep New Yorkers and their defense attorneys in the dark, preventing them from investigating, preparing a defense, or making informed decisions about their cases. This practice has contributed to the state's high rates of wrongful convictions, coerced pleas, and prolonged pretrial incarceration.
“For too long, New York State’s legal system operated without transparency. Prosecutors were allowed to withhold critical evidence, and countless Black and Brown New Yorkers paid the price. Kalief Browder was one of them, accused at just 16 years old, held at Rikers Island without trial, and denied access to the very evidence that could have cleared him,” said BPHA Caucus Chair Assemblywoman Michaelle C. Solages. “The conversation around discovery reform should not focus on weakening Kalief’s Law, but rather on providing clear statutory guidance affirming a judge’s discretion to extend discovery deadlines when justified. That is why the Caucus stood today with exonerated New Yorkers to call on the Executive to codify the People v. Bay decision. We must reject the false notion that supporting victims and upholding due process are at odds. True justice requires both transparency and fairness, and codifying Bay offers a clear and principled way to protect both.”
“I’ve seen firsthand the importance of Kalief’s law because I was convicted of a crime I didn’t commit prior to discovery reform because evidence was hidden for me,” said Buffalo native and exoneree Renay Lynch. “I spent 26 years wrongfully imprisoned because prosecutors hid fingerprints in my case. Discovery reform prevents wrongful convictions, and we must keep Kalief’s law on the books.”
“Kalief’s Law was born out of tragedy, but it represents hope — hope that our legal system can be more just, more transparent, and more humane,” said Caucus 1st Vice-Chair Assembly Member Catalina Cruz. “Weakening discovery reforms would be a betrayal not only to Kalief Browder’s memory, but to every New Yorker who believes in due process and fairness. Before these changes, people sat in jail for months or years without access to the basic evidence needed to defend themselves. We cannot go back to a system that prioritizes convictions over justice. I will fight to protect Kalief’s Law and ensure we do not erase the progress we’ve made toward a more equitable criminal legal system.”
State Senator Julia Salazar, Chair of the Committee on Crime Victims, Crime, and Correction, said: “Kalief's Law is so named not only to memorialize Kalief Browder, but also to make sure we never repeat the suffering that resulted in his death. Repealing this life-saving reform would be an injustice to Kalief's memory as well as the countless New Yorkers at risk of the same fate. We must stand firm in preventing New York from moving backwards.”
“New York’s modernized discovery statute was born from the pain of the wrongfully imprisoned and the courage of communities long silenced. It stands as a promise: that truth must never be hidden, and justice must never be delayed. This law ensures that every individual—especially those historically targeted and marginalized—has a fair and transparent path through our legal system. To undo this progress would dishonor those who suffered unjustly and endanger the future of justice in our state. We stand united to protect this reform—not for politics, but for the people, for the truth, and for the generations to come,” said Senator Robert Jackson.
Senator Samra G. Brouk said: “Kalief’s Law ensures fairness in our criminal justice system. By facilitating transparent access to evidence, we can prevent wrongful convictions, many of which disproportionately impact Black and Brown communities. Evidence-based solutions like Kalief’s Law must be supported to promote justice, accountability, and trust.”
“Discovery is part of the very foundation of the criminal justice system,” said Assembly Member Latrice Walker. “The 2019 reforms ensure that prosecutors turn over to the defense in a timely manner a list of all the evidentiary materials in their possession. It added enforcement components, and if prosecutors didn’t do their due diligence in turning over this material, then cases can be thrown out. This is the direction in which the scales of justice should tilt. Under current law, prosecutors have to share all records related to the circumstances of a given case, including witness statements, 911 calls, disciplinary records of officers – 21 categories of records. Even evidence they don’t think will be used at trial must be turned over. They have to turn over everything. Under the governor’s proposal, prosecutors could choose what’s relevant to the case, limiting access – intentionally or inadvertently – to material that could help someone prove their innocence. This would not be a minor tweak or the streamlining of discovery. Instead, this is a fundamental shift that could send more people to jail or prison or force unnecessary plea deals. We cannot return to a system where the defense is filing an endless number of motions to get discovery material. We can’t return to a system where a young man like Kalief Browder is sitting in solitary confinement for 800 days pretrial. We cannot go backwards”
“Reforms to our discovery law in 2020 helped those in the criminal legal system make informed decisions before pleading guilty. We can’t go back to the way things were before, where evidence was withheld for years or not timely turned over,” said Assembly Member Gabriella A. Romero. “As a public defender, I saw firsthand how discovery reform impacted our legal system and helped timely resolve cases. The narrative that discovery reform has increased dismissals across New York is untrue – the OCA data shows the dismissal rates of misdemeanors and unindicted felonies has not increased. As a state lawmaker and public defender, I will not back down – I’ll keep fighting to protect our discovery statute and protect New Yorkers involved in the legal system.”
“Here in the Bronx, we know the cost of injustice. Our communities have suffered the consequences of hidden evidence, wrongful convictions, and pretrial incarceration. Kalief’s Law was a hard-won victory for fairness and transparency. We will not let the Governor drag us back. These rollbacks would hit our Black and Brown Bronxites the hardest. We call on the Governor to finalize a budget that protects our communities and upholds the right to a fair defense,” said Assembly Member Yudelka Tapia
"Our goal as legislators should always be to continue to push and build more towards a just and fair society. Nearly 60% of known wrongful convictions in New York involved withheld evidence. It has caused real harm to countless people, families, and communities. The way forward is not backward as the Governor’s proposal suggests; this is not how New Yorkers get things done," said Assembly Member Marcela Mitaynes.
“Kalief Browder’s life was a call to action—a tragic reminder of what happens when our justice system fails to honor truth, transparency, and timeliness. As a Black woman legislator and advocate for racial justice, I will not stand by while the Governor attempts to reverse the very safeguards we fought so hard to establish. Kalief’s Law protects all New Yorkers by ensuring that evidence isn’t hidden and that every individual—regardless of race or zip code—is treated with fairness. I join my colleagues in demanding that we codify the People v. Bay decision and protect Kalief’s Law. Justice must never be sacrificed for convenience or politics,” said Assembly Member Stefani Zinerman.
Now is not the time to go backwards when it comes to defending the rights of the accused. We must uphold Kalief’s Law because all New Yorkers deserve a justice system based on transparency and fairness rather than secrecy and fear-mongering,” stated Assembly Member Claire Valdez.
“Kalief’s Law was a critical step toward a more equitable justice system and society for our young people. This is a common sense law and it would be an abhorrent miscarriage of justice and a slap in the face to New Yorkers if Kalief’s Law is undone. With such a painful history of discriminatory policing and wrongful convictions against Black and Brown bodies across the state, Kalief’s Law must be allowed to do what it was intended to do: ensure speedy trials, timely bail considerations, and restrict solitary confinement for young people. Let’s not fall into the trap of fear mongering. Let’s protect Kalief’s Law,” said Caucus Secretary Assembly Member Jessica González-Rojas.
“We stand with the BPHA caucus, our partners in the fight for racial and social justice and to preserve the reforms of 2019 that brought greater fairness and equity into our criminal legal system,” said NAACP NY Chapter Executive Director, Chris Alexander. “We won’t go back to the days of unequal justice and too many coerced pleas and wrongful convictions. We urge Gov Hochul to listen to common sense solutions, preserve our discovery laws and close this budget now.”
New York State Under “The Blindfold Law”
In the FY2025 Executive Budget, Governor Hochul proposed sweeping changes to New York’s discovery statute, which would represent a wholesale repeal of the state’s common-sense evidence sharing laws. Enacted in 2019, New York’s discovery statute created a fairer evidence sharing system by ensuring prosecutors provide people accused of crimes with early, open, and complete discovery in their cases.
Before the enactment of this reform, the law allowed police and prosecutors to withhold evidence until the eve of trial, keeping New Yorkers and their defense attorneys in the dark, unable to investigate, prepare a defense, or make informed decisions about their case. This contributed to the state’s high rate of wrongful convictions, coerced pleas, and prolonged pretrial incarceration. According to the National Registry of Exonerations, in New York, evidence had been withheld in 204 of the state’s 359 exonerations. These miscarriages of justice harmed the individuals who spent decades imprisoned, their families and their communities. The people impacted by these old laws were disproportionately Black and Brown. Today New York State continues to police and prosecute Black and Brown people at a disproportionate rate.
The Governor’s proposal threatens to send New York back to the era of the “Blindfold Law” where once again Black and Brown communities will suffer the most. The proposal, mischaracterized as mere “tweaks” to “close loopholes,” would gut the law, ending open file discovery, allowing police and prosecutors to withhold evidence, and removing accountability from the system. The Alliance to Protect Kalief’s Law is a statewide coalition that was founded to defend New York’s successful discovery statute, known as Kalief’s Law.
Go to www.protectkaliefslaw.com for the facts about New York’s landmark discovery law.
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