Innocence Project Statement on New York Discovery Reform in FY26 Budget Negotiations

As reports out of Albany suggest that a backroom agreement on discovery is close to being finalized, the Innocence Project strongly urges lawmakers to reject Governor Hochul’s proposal to repeal crucial discovery reforms and protect due process. Exonerees, who have real experience of the importance of open discovery, and criminal defense attorneys, who are most affected by these changes, have been completely excluded from the conversation.

Across the country, open discovery laws have been essential in preventing innocent people from being wrongfully convicted because of withheld evidence. Gov. Hochul’s proposal would return New York to an archaic state when people charged with crimes were kept in the dark about the evidence against them until hours before appearing in court, after accepting a plea deal, or even years after their conviction. No one should be forced to trade their liberty without knowing the actual extent of the evidence the prosecution has against them.

The governor failed to engage in a meaningful discussion with key stakeholders, such as exonerees and defenders, on the vital role of discovery law or any other proposed policies to prevent wrongful convictions, including the Challenging Wrongful Convictions Act. Instead, her proposal is being drafted by and for prosecutors, some of whom have been responsible for wrongful convictions because of withheld evidence in the past. 

The Innocence Project calls on lawmakers to stand against Gov. Hochul’s efforts to undermine transparency and accountability in the criminal legal system. Fair discovery laws are a necessity for a just legal system and key to ensuring the rule of law.