Judges Ordered to Direct Prosecutors to Turn Over Information Favorable to Defense (New York Law Journal)
New York Law Journal, November 7, 2017
Judges Ordered to Direct Prosecutors to Turn Over Information Favorable to Defense
“All judges who preside over criminal cases in New York state will order prosecutors to disclose information favorable to the defense at least 30 days before a trial on a felony, a change that some legal experts say will dramatically change the way trials are conducted….Monica J. Hickey-Martin, who is a former prosecutor, deputy counsel for compliance at Acacia Network in the Bronx and the chair of the New York City Bar Association’s criminal law committee, said she is concerned that the rule will not lead to timely disclosure. She acknowledges that the requirement that prosecutors look through homicide and other files for exculpatory information is a positive step but worries that the timeframe given to prosecutors to produce the evidence is longer than it is now. ‘I’m concerned because this discovery order says something is timely 30 days before a felony trial and 15 days before a misdemeanor,’ Hickey-Martin said. ‘I’m just not sure this model order moves the ball forward.'”
