ALBANY, N.Y. (NEWS10)---New York State is closing a loophole to make sure cases aren’t thrown out on technicalities— such as when pieces of evidence are turned over late to defense attorneys.
Eugene Welch, a partner at Tully Rinckey, said it can take time for evidence to be gathered and submitted.
"The DA presents to the defense things like the 911 tapes. Well, the 911 tapes are in the custody of the 911 operators or maybe the police department and they will get to them when they can. How about the body worn camera tapes? Those all have to be redacted to protect the innocent witnesses, so that takes time to get it out," explained Welch.
Rensselaer County District Attorney, Mary Pat Donnelly, said prosecutors will still be held to a standard to make sure they make a good faith effort to