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Hochul Backs Plan to Ease Evidence Requirements for New York Prosecutors

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Hochul Backs Plan to Ease Evidence Requirements for New York Prosecutors

Six years ago, with crime rates at historic lows and Democratic progressivism on the rise, New York State began requiring prosecutors to turn over reams of evidence to defense lawyers well before a trial.

The goal was to level the playing field for criminal defendants, who often took plea deals without understanding the full scope of the case being built against them.

But many of the state’s district attorneys say that their offices have struggled to comply with the new requirements and blame them in part for an increase in case dismissals, which rose 22 percentage points in New York City.

They have urged state leaders to consider changing the so-called discovery rules, and have won over a powerful ally, Gov. Kathy Hochul.

The governor, a Democrat, is backing a measure that would ease the consequences for prosecutors if they do not share evidence in a timely manner. Her proposal would also let them redact information without a judge’s permission.

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Ms. Hochul has said her plan will improve processing times and solve the problem of dismissals “based on technicalities that can prohibit justice to victims and the people of the State of New York.”

Ms. Hochul’s embrace of the issue reflects a broader shift in the priorities of politicians in New York and across the nation. In recent elections, Republicans have made gains by tarring Democrats with accusations that they are soft on crime. New York’s leaders have sensed the shifting winds and grasped for ways to show voters they are taking their public safety concerns seriously. Not only prosecutors but liberal power brokers like the Rev. Al Sharpton back Ms. Hochul’s ideas.

“There is a swing back toward pragmatism on how we approach the criminal justice problem,” said Lee Kindlon, a Democrat and Albany’s district attorney, who was a defense lawyer before taking office in the fall. “The politics have changed.”

Ms. Hochul’s requests, which were included in her executive budget proposal this year, have alarmed defense lawyers. Her efforts would return New York to the days when prosecutors would face no consequences for waiting until the day of trial to share evidence, depriving defendants of the chance to mount an informed defense, they said. Prosecutors, they say, will revert to withholding material.

Eli Northrup, policy director of the criminal defense practice for the Bronx Defenders, disputed prosectors’ arguments, saying that cases “can’t get dismissed on a ‘technicality.’”

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“I understand the broader complaint of cases shouldn’t go away,” Mr. Northrup said. “But it’s the responsibility of a government that is bringing charges against somebody to bring documents.”

Changes to the discovery law will be part of broader budget negotiations among the leaders of the State Senate and Assembly, who are both Democrats and have expressed discomfort with some changes. Both chambers recently left the government’s proposals out of their budget counteroffers.

Andrea Stewart-Cousins, the Senate majority leader, said they should discuss the subject later outside budget talks. Carl Heastie, the Assembly speaker, said he was open to changing the law but was concerned about giving prosecutors total discretion.

“We would rather let the judge be the actual arbiter,” Mr. Heastie said.

Broad changes to the criminal justice system were approved in 2019. At the time, New York was one of 10 states that allowed prosecutors to wait until the eve of trial to hand over crucial evidence.

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The new discovery law was a major win for defendants, who had helped draft the measure. But prosecutors say they now have to devote hundreds of hours to collecting materials they say are only tangentially related to a case.

Prosecutors have said that judges regularly dismiss cases because of minor mistakes in supplying evidence, a process known by the legal term discovery. The remedy should be proportional and not result in automatic dismissals for violating the Constitution’s speedy trial requirement, they have said.

Only 5 percent of misdemeanor and felony cases in criminal court in New York City were dismissed because of speedy trial violations in 2019, according to state court data. In 2024, that number had jumped to 31 percent.

Prosecutors insist that their goal is not to roll back the 2019 law.

Alvin L. Bragg, the Manhattan district attorney, said that he supports lawmakers making “common-sense adjustments to the statute to protect victims of crime.” The changes would keep the state’s laws “the most open and transparent discovery laws in the nation,” he said.

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Darcel Clark, the Bronx district attorney, recently told lawmakers that she “championed the transformation.” Prosecutors, she added, want “minor revisions to help for the things that were the unintended consequences.”

Amanda Jack, policy director at the Legal Aid Society, said that the governor’s support, along with that of New York City’s police commissioner, Jessica Tisch, and mayor, Eric Adams, has given the prosecutors’ mission momentum.

Ms. Hochul said this month that unease about safety changed people’s attitudes about discovery laws “dramatically.”

“I am just trying to solve the problem,” she said, adding that “the pendulum swings, and you start seeing the impact.”

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How a Database Manager Lives on $118,000 in Inwood

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How a Database Manager Lives on 8,000 in Inwood

How can people possibly afford to live in one of the most expensive cities on the planet? It’s a question New Yorkers hear a lot, often delivered with a mix of awe, pity and confusion.

We surveyed hundreds of New Yorkers about how they spend, splurge and save. We found that many people — rich, poor or somewhere in between — live life as a series of small calculations that add up to one big question: What makes living in New York worth it?

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Matthew Kaal was always fascinated by tall buildings, so it did not surprise his family when he left Phoenix in 2006 to attend a small Christian college that held classes in the Empire State Building.

Twenty years later, Mr. Kaal, now 38, works in Midtown Manhattan in a high-rise building. As the director of enterprise systems and services for the American Association of Advertising Agencies, he earned $118,000 last year, including a $5,000 bonus. After taxes, his take-home pay was around $80,000.

His commute is around 40 minutes by subway from Inwood, in northern Manhattan, where he lives after being priced out of the Upper East Side, the Upper West Side and Harlem. After years of living with roommates, he can finally afford to live on his own. In March 2021, during the pandemic, he got a deal on a 485-square-foot, rent-stabilized apartment overlooking Inwood Hill Park. His current rent is $1,570 a month.

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Through careful budgeting, Mr. Kaal has been able to save money for his future without giving up splurges like $600 season tickets to New York City FC, the professional soccer club. Last year, he also saw 16 shows and concerts and vacationed in London and Brazil.

“It feels like I live a much bigger life than I think the budget actually comes out to sometimes because I’ve tried to be thoughtful about it,” he said.

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Keeping Track of Every Dollar

Mr. Kaal did not start out so comfortably. His first job after college was working in fund-raising and communications for a private school in Hoboken, N.J. He was paid $13 an hour. His commute was an hour and a half each way from a basement apartment in Midwood, Brooklyn, that he shared with a roommate. His share of the rent was $500.

“I used to joke with people that was the period of my life when I read all of Tolstoy and Dostoyevsky because I just had time,” he said. “I had my book that I would take on the train with me everywhere.”

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As Mr. Kaal has made more money, he has adjusted his budget. Last year, he was able to put $4,000 into a health savings account, $8,000 into a 401(k) and another $7,000 into a Roth I.R.A.

But his budgeting does not stop there. Every month, he earmarks $250 for a general savings account to build up a nest egg for emergencies. Currently, it has nearly $18,000.

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He also puts $200 a month into an account for travel, which pays for a trip to a new country every year. Recent trips have taken him to the Dominican Republic, Portugal, France, Australia and South Africa.

Another $100 a month goes into a culture account so that he can see the Metropolitan Opera, the New York Philharmonic and Broadway shows like “Gypsy.” He tries not to pay more than $150 for a ticket. “I’m siting in the nosebleeds in the $50 seat instead of the $300 seat closer to the stage,” he said.

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Mr. Kaal saves money each month for his seven nieces and nephews. Anna Watts for The New York Times

Budgeting for the Future

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He puts another $100 a month into a real estate account for a future down payment on an apartment (if he does not end up buying, the money will go toward his retirement). He has saved more than $13,000 so far.

“I’ve kind of compartmentalized everything off into different little funds,” he said, “so that I’m not accidentally raiding one to pay for another.”

Mr. Kaal, who is single, has even set up college savings accounts for each of his seven nieces and nephews. He sets aside $40 a month for each child, or a total of $280 a month. Currently, the seven accounts hold nearly $26,000. “The way that I think about it is if I lived closer, I would probably be spending that much taking them for ice cream or something,” he said.

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To pay for the things that matter to him, Mr. Kaal said that he tried to be “thoughtful and intentional” about his monthly expenses. He typically keeps his electricity bill to $100 a month, even in the summer, when he will open the windows and run the fan instead of using air-conditioning.

A Takeout Savings Tactic

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He usually sticks to his budget of $1,000 a month for groceries, household expenses, coffee breaks and meals out. He takes subways and buses instead of calling Ubers, allowing him to keep his transportation costs under $150 a month.

He spends $70 a month on a T-Mobile cellphone plan, and another $25 a month for a gym membership at Planet Fitness.

This year, he has saved more than $100 a month by canceling Netflix, Peacock and other streaming services that he did not use often enough to justify the cost.

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He has also cut back on food deliveries. To make himself pause before tapping the order button, he decided that he would donate the cost of whatever he ends up spending to a food pantry or a charity. So far, he has ordered five deliveries all year, compared to three or four a month last year.

Mr. Kaal said he would use some of his savings to increase his donations to local charities. He has set a goal to donate $7,000 this year, up from $2,500 last year.

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“I’ve been incredibly fortunate that my salary has grown and I’m able to live comfortably,” he said. “But even when I was barely scraping by as an hourly worker, it was a lot of fun.”

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Video: We Analyzed the Deadly Crash at LaGuardia

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Video: We Analyzed the Deadly Crash at LaGuardia

new video loaded: We Analyzed the Deadly Crash at LaGuardia

Our graphics reporter Lazaro Gamio breaks down the second-by-second analysis leading up to the deadly plane crash at LaGuardia Airport.

By Lazaro Gamio, Coleman Lowndes and James Surdam

March 27, 2026

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Video: LaGuardia Crash Survivors Recount Ordeal

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Video: LaGuardia Crash Survivors Recount Ordeal

“I just thought, please don’t let this be how my life ends. I’m not ready to die. When we landed, it was a very rough landing. Like we landed and the plane jolted back up, and that caught a lot of passengers off guard. Everyone kind of like, ‘What’s going on?’ And then you hear the pilot braking, and it was like just this grinding sound.” “Everybody was shocked everywhere. There was — there’s people screaming. The plane just veered off course. I mean, it was just — it all happened so quickly, but it all felt just like a very dire situation.” “Oh, God. Oh my goodness. That’s crazy.” “People were bleeding from their nose, cuts and scrapes. I saw black eyes, all different types of facial contusions, bruising and bleeding. I was sitting by the exit door, and I opened the exit door. There was a sense of camaraderie amongst the survivors. Nobody was pushing, shoving, ‘I got to get out first.’” “The plane actually tipped back as we were leaving, as people were getting off the plane. That was when the nose kind of fell off the front of the plane, and the whole plane kind of went up to what we’d seen in all the pictures of the plane’s nose in the air.” And there was no slide when we got out. A lot of us were jumping off of the airplane wing to get down. And when I got out and I saw that the front of the plane, how destroyed it was, I just was — I was in shock.” “It was only really when I was outside of the plane, looking back at the plane, and I had seen what had happened to the cockpit, and then just like this sense of dread overcame me, where I was just like, wow, a lot of people might have just been pretty badly hurt.” “I’m grateful to the pilots who were so courageous and brave, and acted swiftly, and they saved our lives. And if it wasn’t for them, I wouldn’t be able to come home to my family. I’m forever indebted to them. They’re my heroes.”

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