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Manhattan DA expresses concerns about legal standards for discovery and case dismissals
6:01:06
ยท
73 sec
Manhattan District Attorney Alvin Bragg discusses concerns about the strict legal standards for discovery and the resulting case dismissals.
- Highlights the unique constraint in New York where judges feel compelled to dismiss cases for inadvertent discovery issues
- Compares the standard to other areas of legal practice where more flexible remedies are available
- Argues that despite increased funding, the legal standard remains a persistent issue
Alvin Bragg
6:01:06
I I would I would just add that that this what we are extraordinarily grateful for the for the funding from both state and city, but it it it doesn't change the legal standard.
6:01:19
I practice pretty broadly federal prosecutor, state prosecutor, civil, federal.
6:01:25
The the the standard where if you exercise, you know, diligence, I mean, inadvertently, you know, don't turn over a document, that the judge would feel constrained to have no other remedy but dismissal.
6:01:41
I'm not familiar with any other area of practice where there's such a constraint.
6:01:46
You know, that the judges we have judges in Manhattan, I think probably throughout the city, certainly in Manhattan, that that's how they rule.
6:01:52
That they say my hands are tied under the law.
6:01:55
I can't order an adjournment.
6:01:56
I can't say we've offered say judge.
6:01:58
We just won't use the evidence.
6:01:59
The evidence we turned over blatantly, we just won't use it, preclude it.
6:02:02
That's natural remedy in other places I practice.
6:02:07
The funding, while it's great and allows us to move cases and cuts into the dismissals a little bit, as long as that standard remains, this issue is going to persist.