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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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New York

Are You Smarter Than a Billionaire?

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Are You Smarter Than a Billionaire?

Over the course of one week, some of the richest people in the world descended on New York’s auction houses to purchase over $1 billion of art. It might have played out a little differently than you would have expected.

Can you guess which of these works sold for more?

Note: Listed sale prices include auction fees.

Image credits: “Untitled,” via Phillips; “Baby Boom,” via Christie’s Images LTD; “Hazy Sun,” With permission of the Renate, Hans & Maria Hofmann Trust/Artists Rights Society (ARS), New York; via Christie’s Images LTD; “Petit Matin,” via Christie’s Images LTD; “Concetto spaziale, La fine di Dio,” Artists Rights Society (ARS), New York/SIAE, Rome; via Sotheby’s; “Baroque Egg with Bow (Orange/Magenta),” via Sotheby’s; “The Last Supper,” The Andy Warhol Foundation for the Visual Arts, Inc./Licensed by Artists Rights Society (ARS), New York; via Christie’s Images LTD; “Campbell’s Soup I,” The Andy Warhol Foundation for the Visual Arts, Inc./Licensed by Artists Rights Society (ARS), New York; via Christie’s Images LTD; “Miss January,” via Christie’s Images LTD; “Fingermalerei – Akt,” via Sotheby’s; “Grande tête mince (Grande tête de Diego),” Succession Alberto Giacometti/Artists Rights Society (ARS), NY; via Sotheby’s; “Tête au long cou,” Succession Alberto Giacometti/ARS, NY/Photos: ADAGP Images/Paris 2025; via Christie’s Images LTD; “Revelacion,” Remedios Varo, Artists Rights Society (ARS), New York / VEGAP, Madrid; via Christie’s Images LTD; “Le jardin nocturne,” Foundation Paul Delvaux, Sint-Idesbald – ARS/SABAM Belgium; via Christie’s Images LTD.

Produced by Daniel Simmons-Ritchie.

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Video: How a Mexican Navy Ship Crashed Into the Brooklyn Bridge

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Video: How a Mexican Navy Ship Crashed Into the Brooklyn Bridge

On Saturday, a Mexican Navy ship on a good will tour left a New York City pier bound for Iceland. Four minutes later, it crashed into the Brooklyn Bridge. [Spanish] “It’s falling!” [English] “No way!” Here’s what happened. The Cuauhtémoc had been docked on the Lower East Side of Manhattan for four days, open to visitors looking for a cultural experience. As the ship prepared to leave on Saturday night, a tugboat arrived to escort it out of its pier at 8:20 p.m. The ship’s bow, the front of the vessel, faced Manhattan, meaning it would need to back out of its berth into the East River. As the Cuauhtémoc pulled away from shore, the tugboat appeared to push the side of the ship, helping to pivot the bow south toward its intended route. The river was flowing northeast toward the Brooklyn Bridge and the wind was blowing in roughly the same direction, potentially pushing the ship toward a collision. Photos and videos suggest the tugboat was not tied to the ship, limiting its ability to pull the ship away from the bridge. The Cuauhtémoc began to drift north, back first, up the river. Dr. Salvatore Mercogliano, who’s an adjunct professor at the U.S. Merchant Marine Academy, told The Times that the ship appeared to be giving off a wake. This suggests its propellers may have been running in reverse, pushing it faster toward the bridge. The tugboat sped alongside the ship as it headed north, possibly trying to get in front of it and help the ship maneuver the other way. But it was unable to cut the ship off or reverse its course. All three masts crashed into the underside of the Brooklyn Bridge at approximately 8:24 p.m., four minutes after the ship had left the pier, causing the top sails to collapse. Crew members standing on the masts during the collision were thrown off entirely. Others remained hanging from their harnesses. A New York City patrol boat arrived about eight minutes after the collision, followed quickly by a fire department boat. Additional law enforcement and emergency medical services removed the wounded for treatment. According to the Mexican Navy, two of the 227 people aboard the ship were killed and 22 others were injured.

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Audio Data Shows Newark Outage Problems Persisted Longer Than Officials Said

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Audio Data Shows Newark Outage Problems Persisted Longer Than Officials Said

On April 28, controllers at a Philadelphia facility managing air traffic for Newark Liberty International Airport and smaller regional airports in New Jersey suddenly lost radar and radio contact with planes in one of the busiest airspaces in the country.

On Monday, two weeks after the episode, Sean Duffy, the secretary of transportation, said that the radio returned “almost immediately,” while the radar took up to 90 seconds before it was operational.

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A Times analysis of flight traffic data and air traffic control feed, however, reveals that controllers were struggling with communication issues for several minutes after transmissions first blacked out.

The episode resulted in multiple air traffic controllers requesting trauma leave, triggering severe flight delays at Newark that have continued for more than two weeks.

Several exchanges between pilots and controllers show how the outage played out.

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Outage Begins

Air traffic recordings show that controllers at the Philadelphia facility first lost radio and radar communications for about a minute starting just before 1:27 p.m., after a controller called out to United Flight 1951, inbound from Phoenix.

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The pilot of United 1951 replied to the controller’s call, but there was no answer for over a minute.

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Two other planes reached out during the same period as United 1951 — a Boeing 777 inbound from Austria and headed to Newark, and a plane whose pilot called out to a controller, “Approach, are you there?” Their calls went unanswered as well.

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Radio Resumes, With Unreliable Radar

From 1:27 to 1:28 p.m., radio communications between pilots and controllers resumed. But soon after, a controller was heard telling multiple aircraft about an ongoing radar outage that was preventing controllers from seeing aircraft on their radarscopes.

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One of the planes affected by the radar issues was United Flight 674, a commercial passenger jet headed from Charleston to Newark.

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Once the radio started operating again, some controllers switched from directing flights along their planned paths to instead providing contingency flight instructions.

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At 1:28 p.m., the pilot of Flight N16NF, a high-end private jet, was called by a controller who said, “radar contact lost.” The pilot was then told to contact a different controller on another radio frequency.

About two and a half minutes later, the new controller, whose radar did appear to be functioning, instructed the pilot to steer towards a location that would be clear of other aircraft in case the radio communications dropped again.

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Flight N426CB, a small private jet flying from Florida to New Jersey, was told to call a different radio frequency at Essex County Airport, known as Caldwell Airport, in northern New Jersey for navigational aid. That was in case the controllers in Philadelphia lost radio communications again.

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Minutes Later, Radar Issues Persist

According to the Federal Aviation Administration, aircraft reappeared on radarscopes within 90 seconds of the outage’s start, but analysis of air traffic control recordings suggest that the radar remained unreliable for at least some radio frequencies for several minutes after the outage began around 1:27 p.m.

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At 1:32 p.m., six minutes after the radio went quiet, Flight N824TP, a small private plane, contacted the controller to request clearance to enter “Class B” airspace — the type around the busiest airports in the country. The request was denied, and the pilot was asked to contact a different radio frequency.

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1:32:43 PM

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Pilot

Do I have Bravo clearance?

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1:32:48 PM

Controller

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You do not have a Bravo clearance. We lost our radar, and it’s not working correctly. …

If you want a Bravo clearance, you can just call the tower when you get closer.

1:32:59 PM

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Pilot

I’ll wait for that frequency from you, OK?

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1:33:03 PM

Controller

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Look up the tower frequencies, and we don’t have a radar, so I don’t know where you are.

The last flight to land at Newark was at 1:44 p.m., but about half an hour after the outage began, a controller was still reporting communication problems.

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“You’ll have to do that on your own navigation. Our radar and radios are unreliable at the moment,” a Philadelphia controller said to a small aircraft flying from Long Island around 1:54 p.m.

Since April 28, there has been an additional radar outage on May 9, which the F.A.A. also characterized as lasting about 90 seconds. Secretary Duffy has proposed a plan to modernize equipment in the coming months, but the shortage of trained staff members is likely to persist into next year.

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