As Change Comes to Discovery in NY, Attorney Policelli Disagrees

As Albany is still about a week away from passing its budget, policy changes like with Discovery in New York has the legal system anticipating some change, but not enough. District Attorneys and Sheriff's Departments across the state feel previous changes to discovery laws have put such a load on the legal system, suspects accused of violent crimes are being set free because of technicalities like lack of a speedy trial.

Not everyone agrees.

Utica defense attorney Frank Policelli feels that New York's highly criticized discovery rules have actually been an improvement that levels the playing field. He says many DAs offices act responsibly and turn over all of the evidence they have on a client in a very timely fashion; however, some don't. The current discovery laws, he says, force them into transparency, otherwise they could lose their case to a technicality.

Listen to the complete interview via WIBX's Keeler YouTube channel.

The Budget Deal. Where Is It?

Discovery is just one of the key points being debated at the legislature in Albany. Other issues like bell to bell cell phone bans in schools, and the mask law have been controversial and have contributed to the budget being late, now into its second month past the deadline of April 1. Members say most of the policy issues have been agreed upon and on Thursday (May 1), yet another deadline extender was passed to keep money flowing throughout the state. Now, the next stage of the budget has to be drafted and agreed upon - the money. One of the key issues the Governor and the legislature need to hash out is Foundation Aid for school districts.

"It's difficult because we don't know what funding we'll be receiving from the Federal Government," said Assemblywoman Marianne Buttenschon of Utica. Buttenschon says after this budget passes, it may all have to be revisited and altered in the fall once the federal contribution is realized.

Insiders say a final vote on the budget might not come until late next week.