New York budget negotiations are "stuck," state leaders said Tuesday, as they debate criminal justice reforms and Gov. Kathy Hochul's proposed changes to discovery laws.
Top Democrats are divided to compromise on the evidence sharing changes the governor wants after pressure from district attorneys from across the state.
"It is not a complete repeal, it is not a backwards movement, it is simply tweaking what we have now," Albany County District Attorney Lee Kindlon told reporters in the Capitol on Tuesday.
District attorneys from around the state have come to Albany pushing Hochul's plan to tweak evidence shared with defense attorneys and make penalties for discovery violations proportional to criminal charges — aiming to close loopholes in the 2019 law that have increased New York City case dismissals on technicalities.
Kindlon said the policy has also burdened upstate courts and staff with a time-consuming paper chase.
"This is what's grinding our justice system to a halt," he said. "It costs our taxpayers money, it costs people time. This is not what justice is."
DAs asked Hochul for the change, and visited Albany appealing to lawmakers on the fence as the debate continues to drag budget talks over a week past the deadline.
Most members of the Black, Puerto Rican, Hispanic and Asian Legislative Caucus are fighting the governor's proposal — committing to working on the budget until it gets done.
Caucus members have been pushing to codify case People V. Bay, which established the current discovery law already prevents case dismissals if a prosecutor has acted in good faith to turn over all materials quickly.
"As long as you are showing due diligence in turning over the materials, then the certificate of compliance will not be invalidated and cases will be able to move forward," said Assemblywoman Latrice Walker, who sponsored the original law.
Brooklyn District Attorney Eric Gonzalez said codifying the case wouldn't solve the issue, arguing the ruling hasn't stopped the uptick of dismissals.
"We're asking them to have a proportional response, but be holistic," he said Tuesday. "Take a look at all the efforts of the DA to understand whether or not, in fact, they've been due diligent on the case."
Not all caucus members are against Hochul's proposal.
Assemblyman David Weprin argues the change is not a repeal of the original law, and many of the district attorneys in favor of the change are progressive and aim to reduce case dismissals to protect more crime victims.
"This will be a positive change. The perception to the public, I think, will be a good one," he told Spectrum News 1.
But Walker said leaders are ready to hold the line on negotiations, adding while she wishes the policy was negotiated outside the budget, conflicts are part of politics.
"The family always has to come back together," Walker said. "I believe a compromise is always the best way forward as long as everyone walks away from the table upset, then perhaps, we're at the best place."
Lawmakers are expected to pass an additional budget extender Thursday and leave town until Tuesday in observance of Passover while leaders negotiate through the weekend.
When the governor held up finalizing the budget to make changes to bail reform in 2023, she signed the spending plan into law May 3.