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Oslopa t1_jdxkbwz wrote

Reply to comment by KaiDaiz in New Yorkers overwhelmingly support bail changes ahead of state budget deadline: Poll by Grass8989

So… we shouldn’t ensure that defendants get the evidence against them in a timely manner, or get a speedy trial?

There may be some truth in noting that 30.30 is getting a lot of cases dismissed. But the solution to that is more resources for handling the process, not subjecting people to unjust processes as a form of extra-legal punishment. It’s the same thing with cashless bail. So much of the criticism isn’t about the law, it’s about how an overwhelmed prosecutorial system is dealing with the law. We need to find a better response than to just unwind the reforms so that our prosecutors can have the upper hand again to railroad defendants.

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MeVersusShark t1_jdxnxa8 wrote

If a judge was allowed to make a determination as to the proper sanction against the state for a missing item of discovery instead of immediately imposing the draconian remedy of 30.30 dismissals, maybe we could have a fair process that doesn't require doubling the workforce of DA's offices. For example, preclude the state from calling a witness if they failed to provide discovery related to that witness.

CPL 245.80 actually appears to provide that framework, but hasn't been effectively utilized because 30.30 accrual has become the default remedy.

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