By: Meyer Wolfsheim

City Councilman Keith Powers is sounding the alarm over a major flaw in New York’s criminal justice system — one that, according to a report that appeared in The NY Post, has led to a staggering number of cases being tossed out before ever reaching trial. His proposed solution? A new bill to streamline the city’s evidence-sharing process, which he says Albany failed to include in the recently passed state budget.

As was reported in The NY Post, Powers is introducing legislation that would create a centralized, digital database of NYPD evidence accessible to both prosecutors and defense attorneys. The bill seeks to ease the crushing burden placed on prosecutors by the 2019 discovery reform laws, which require rapid evidence disclosure — often before police departments have even fully compiled the materials.

“We think it’s a good, easy piece of the puzzle and a critical piece that Albany is leaving out of the budget deal,” Powers told The Post. He argues that a shared digital system would reduce technical delays and give both sides in a criminal case timely access to essential documents, photographs, and video evidence.

The Post also reported that this proposed local measure follows on the heels of modest changes to the state discovery laws included in Governor Kathy Hochul’s $254 billion budget deal. Those tweaks, hailed by lawmakers as progress, give judges more discretion when evaluating whether prosecutors made a good-faith effort to obtain and share evidence before dismissing cases. Still, Powers believes these state-level reforms fall short of what’s needed in New York City.

The current evidence-handling structure in the city relies heavily on NYPD staff compiling case files for prosecutors — a labor-intensive process that often clashes with the state’s tight deadlines. Powers’ bill would require the NYPD to grant prosecutors login access to the department’s electronic evidence systems. However, attorneys would only be able to view, download, or print — not modify — any materials.

“This bill is a common-sense procedural reform that speeds up processes, allowing district attorneys to do their work and making it easier to comply with state discovery law,” Powers explained to The Post.

While a nearly identical version of the bill was introduced in Albany by State Senator Zellnor Myrie, The Post report said that it gained little traction during budget negotiations. The lack of momentum underscores how controversial — and complicated — the discovery law debate has become.

Police Commissioner Jessica Tisch has voiced skepticism about the effectiveness of such a database, calling it a “half-measure” and insisting that deeper changes to the law were necessary. Still, Powers insists that even if the state improved the law’s language, local infrastructure needs to evolve to match it.

Manhattan DA Alvin Bragg and other progressive prosecutors supported the broader state-level reforms but have remained silent on Powers’ bill. Meanwhile, DAs in Brooklyn and Staten Island said their offices are still reviewing the legislation.

The urgency of the issue is hard to ignore. According to the state Office of Court Administration, case dismissals in New York City spiked by 455% after the discovery laws went into effect in 2020. The pre-reform dismissal rate stood at 41%; now, due to missed deadlines and paperwork issues, many cases are thrown out before victims see justice.

Even with changes in the budget that refine what evidence must be disclosed — cutting out irrelevant or redundant materials — Powers believes the city must modernize how it handles discovery. “Safety is a top priority for all New Yorkers,” he told The Post.