Blassberger Secures Full Dismissal After DA Fails to Meet Discovery Obligations

Partner Effie Blassberger recently capitalized on New York’s discovery reforms to secure a full dismissal on behalf of a client charged with numerous misdemeanor offenses pertaining to allegations that he was driving while intoxicated.

During the pendency of the case, Blassberger recognized that the District Attorney’s Office had failed to comply with its discovery obligations under recently revised laws, and moved to dismiss the case. Upon receiving the motion, the District Attorney’s Office, in a rare move, conceded their failures and agreed to dismiss all charges against the client.

In January 2020, New York State significantly overhauled relevant laws outlining prosecutors’ discovery obligations. As a result of these reforms, the prosecution must now provide more comprehensive discovery, under accelerated timeframes, to individuals charged with violating criminal state statutes.