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New York governor vetoes bill that would make it easier for people to challenge their convictions

Published:Monday | December 25, 2023 | 4:23 PM
New York Governor Kathy Hochul addresses the media during a news conference on March 13, 2023, in New York. On Saturday, December 23, Hochul vetoed a bill that would have made it easier for people who have pleaded guilty to crimes to challenge their convictions, a measure that was favored by criminal justice reformers but fiercely opposed by prosecutors. (AP Photo/Yuki Iwamura, File)

ALBANY, N.Y. (AP) — New York Governor Kathy Hochul vetoed a bill days before Christmas that would have made it easier for people who have pleaded guilty to crimes to challenge their convictions, a measure that was favoured by criminal justice reformers but fiercely opposed by prosecutors.

The Democrat said the bill's “sweeping expansion of eligibility for post-conviction relief” would “up-end the judicial system and create an unjustifiable risk of flooding the courts with frivolous claims,” in a veto letter released Saturday.

Under existing state law, criminal defendants who plead guilty are usually barred from trying to get their cases reopened based on a new claim of innocence, except in certain circumstances involving new DNA evidence.

The bill passed by the Legislature in June would have expanded the types of evidence that could be considered proof of innocence, including video footage or evidence of someone else confessing to a crime.

Arguments that a person was coerced into a false guilty plea would have also been considered.

Prosecutors and advocates for crime victims warned the bill would have opened the floodgates to endless, frivolous legal appeals by the guilty.

Erie County District Attorney John Flynn, the president of the District Attorney's Association of the State of New York, wrote in a letter to Hochul in July that the bill would create “an impossible burden on an already overburdened criminal justice system.”

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