As we have written extensively, discovery is a large part of the criminal process. In a recent case before a New York appeals court, the parties asked the court to address whether certain changes to New York procedural standards, that is the new discovery laws, affected cases that were already in motion prior to the date the changes took effect. The case provides an interesting look at how very procedural and mechanical problems can end up having a big impact in a defendant’s proceedings.
Changes to Trial Procedure in New York
On January 1, 2020, New York made a technical change to its laws about preparing for trial. The change said that the State must file a “certificate of compliance” with the state’s newly enacted discovery rules. “Discovery” is the exchange of documents between parties in preparation for trial, and the 2020 changes essentially sought to make sure the State was in compliance with these new discovery rules prior to stating that it was ready to move forward to trial.
In the case before New York’s highest court, the New York Court of Appeals, the parties went to trial on January 27, 2020. On day one of trial, the State said it was prepared to move forward, even though it hadn’t filed its certificate of compliance under the new law. The defendant asked the court to dismiss the indictment because the State failed to file this certificate. The defendant’s case began, however, before the January 1, 2020 changes went into effect. Did the State still have to comply with the new law, even though it wasn’t in effect when the defendant was arraigned?
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