Gov. Kathy Hochul’s attempt to amend the Democratic-led state Legislature’s recent changes to the criminal justice system are yet again at the forefront of state budget negotiations.

This time, Hochul wants to change the way prosecutors hand over evidence to the defense, what’s known as discovery laws.

The measure is backed by the city’s five district attorneys and state DAs association — but lawmakers who backed the changes several years ago are divided.

“Discovery is the operation of turning over what we know about a case so that the other side can look at it and we can come to a fair resolution,” Rensselaer County District Attorney Mary Pat Donnelly, a Democrat, said.

In 2019, Democrats passed a law requiring prosecutors to turn over more evidence and faster — arguing district attorneys’ offices routinely withheld key information from defendants and their teams — and too often led to wrongful convictions.

“District attorneys have to give over any evidence that is within their purview, within their possession, as well as evidence that will be pertinent to the trial,” state Assemblywoman Latrice Walker said. “A prosecutor is able to show, ‘look, I’ve been trying to get this information, I’ve sent whatever letters are necessary, it has not been turned over to me at this point.’ The worst thing that could happen in that situation is a delay,” continued the Brooklyn Democrat.

But prosecutors argue otherwise.

The Delaware County district attorney described one case to NY1 that was dismissed already, although he says he plans to appeal it.

“The allegations were a forcible rape of a young lady by an adult male, stranger. They had no intimate relationship. It was a forcible rape, so it would be a violent felony,” Republican Delaware County District Attorney Shawn Smith said.  

The DA’s office secured an indictment and, while preparing for trial, subpoenaed the local hospital for the women’s medical records.

“It turned out when we were prepping one of the nurses she went though the medical records and she said, ‘Hey, some of my hand-written notes are not in here,’” Smith continued.

They eventually got those notes, and by then, it was too late.

“The judge said that was a violation of the discovery rules, which I don’t agree with, but that’s what the ruling was and because the discovery rules are attached to speedy trial, they said the case is dismissed,” Smith said.

Highlighting concern for domestic violence victims, Hochul points to state data showing an uptick in case dismissals.

Darren Albanese is the executive assistant district attorney in the Richmond District Attorney’s Office in charge of the Criminal Court Division and Professional Development. He says he prepares crime victims for the worst-case scenario.

“Because we didn’t know about a video that was from an officer who was late on scene. We learned about it later and turned it over. Your case is getting dismissed. Your order of protection is gone, the person who violated you, the violent offender, that person is out on the street,” Albanese said.

Meanwhile, lawmakers are likely to miss their Tuesday, April 1 state budget deadline — and discovery is at the center of talks.

“If defendants and their lawyers don’t have discovery, then how do they possibly make a decision on whether to go to trial or not or plea if there hasn’t been a full exchange of discovery,” Democratic state Assembly Speaker Carl Heastie said.

“We want to make sure that victims of crime have their day in court and get justice,” Democratic state Senate Majority Leader Andrea Stewart-Cousins said on Thursday.

Legislators are expected back in Albany next week, and like in previous years following late budgets, will likely pass a measure permitting the payment of state workers.