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Hochul released three reports compiled by the State Office for the Prevention of Domestic Violence (OPDV) on Monday, April 14, detailing feedback from more than 1,400 survivors, advocates, family members, and court professionals across New York.
The findings underscore what the governor calls a “fatal flaw” in the state’s legal process, with many domestic violence survivors seeing cases against their abusers thrown out due to procedural technicalities
“These new reports make it even clearer: we need commonsense changes to New York’s discovery laws to protect the rights of crime victims, hold attackers accountable and make our state safer,” said Hochul. “Throwing out entire criminal cases over minor paperwork issues prevents justice from being served — and when abusers can weaponize the court system, the consequences can be tragic.”
The state’s discovery law, revamped in 2019, requires prosecutors to quickly hand over evidence to the defense. But critics say the strict timeline and extensive documentation requirements have resulted in thousands of criminal cases being dismissed, even when prosecutors made a good-faith effort to comply.
In New York City alone, about 94% of domestic violence cases were dismissed in 2023—a 26% increase since the discovery reforms were enacted, the reports found. Outside the city, nearly half of such cases were dismissed.
Among the examples cited:
- A case involving a woman punched in the face and dragged to the ground was dismissed because a body-worn camera video didn’t upload properly.
- A defendant accused of assaulting a pregnant woman and breaking her jaw had his case thrown out due to a late filing of unrelated bodycam footage from a wellness check.
- Another case was tossed when a prosecutor failed to submit a duplicate officer command log—even though the information was included elsewhere.
“These people have their own perspective about how the system is or isn’t working,” said OPDV Executive Director Kelli Nicholas Owens. “To a victim of gender-based violence it could be the difference between life or death.”
Hochul’s proposed fix would not undo the key elements of the 2019 reforms. Instead, it would allow judges to weigh whether a discovery delay or error actually harmed the defense before tossing out a case entirely.
The governor’s plan has earned bipartisan support from district attorneys and victim advocates, and it will be a key sticking point in the ongoing state budget negotiations. Hochul has said she will not sign any budget deal that omits the reforms.
In addition to the data, the reports include voices from survivors who say they felt re-traumatized by the criminal justice system and lost trust after their cases were dismissed or mishandled. Other key findings include:
- Abusers have used the courts themselves as a tool of coercion or control;
- Delays and technicalities often place survivors at greater risk;
- Women of color are disproportionately impacted by fatal outcomes in domestic violence cases.
For now, Hochul is calling on lawmakers to act—and fast.
“It is about survivors being able to trust the system in place to protect them,” said Owens. “Discovery reform is one part of the solution.”
The summary and full package of reports can be viewed on the New York Governor's website.
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