SC New York News

Senators Tom O'Mara and Anthony Palumbo have voiced their concerns over the Bail and Discovery reform actions enacted in New York State in 2019. In an article published in the New York Law Journal on January 20, 2025, titled "Relaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit," they outlined their criticisms of the reforms.

The Republican conferences in the New York State Legislature opposed these reforms from the outset. They argued that the new laws would burden prosecutor's offices with increased administrative tasks, leading to more cases being dismissed for technical reasons. The senators highlighted that district attorneys have struggled with these requirements due to insufficient staff and resources.

Senators O'Mara and Palumbo criticized comments made by State Sen. Zellnor Myrie and Assembly Member Micah Lasher regarding the increase in criminal charges being dropped. They argued that this outcome was predictable given the constraints imposed by the discovery reform legislation.

They also raised concerns about privacy issues for witnesses under the new law, stating it could intimidate them and reduce their willingness to cooperate with law enforcement.

The senators proposed a solution: removing harsh penalties for non-compliance with time constraints, allowing courts discretion in handling discovery violations. This change, they believe, would enable cases to be decided based on merit rather than procedural technicalities.

O'Mara and Palumbo emphasized that while changes were necessary, they should have been incremental and inclusive of all stakeholders involved. They called for a revision of the discovery statute to better serve justice for crime victims and ensure public safety across New York State.

Tom O’Mara represents New York's 58th Senate District, while Anthony Palumbo represents the 1st Senate District.