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prisoner_007 t1_je5kt2o wrote

Reply to comment by Brolic_Broccoli in Surge in DWI dismissals under NY ‘discovery’ reform could lead to tragedy: cops by Brolic_Broccoli

15% dismissal is absurdly high? That seems like hyperbole honestly.

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Brolic_Broccoli OP t1_je5n5sx wrote

The article references only DWI felonies.

Dismissals are at 15% this year, as opposed to the pre reform rate of 6%, which is a 250% increase in the rate of dismissals.

It would be interesting to review the % of misdeamanor cases, which based on my experience (but zero data) would be likely much higher.

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prisoner_007 t1_je5v7sg wrote

You’re the one who said absurdly high and that’s the only percentage provided so is that what you were referring to or did you mean the imaginary percentage you assume exists?

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Brolic_Broccoli OP t1_je5xfnn wrote

The dismissal rates of misdeamanors increased to 82% in 2021 as opposed to 49% in 2019.

I obviously don't keep my own statistics as that's not my job, but it's in line with my experience as a practicing criminal law attorney.

https://www.manhattan-institute.org/how-new-york-discovery-law-destabilizes-criminal-justice-system#:~:text=Proportion%20of%20All%20Dispositions%20by,a%20whopping%2082%25%20in%202021.

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prisoner_007 t1_je622t6 wrote

I don’t see anything about that being about DWIs. That’s just misdemeanors total, with no indication whether or not that increase was consistent across all misdemeanors or drive by large increases in specific types as far as I can see. So you still have no idea what the actual increase in DWI dismissals are and whether or not it’s absurd or not.

EDIT: I also just noticed that you’re relying on the Manhattan Institute, a conservative think tank that’s been ardently ain’t bail and discovery reform since they were announced. So not exactly a non-biased source.

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mission17 t1_je68u6i wrote

> I also just noticed that you’re relying on the Manhattan Institute, a conservative think tank that’s been ardently ain’t bail and discovery reform since they were announced. So not exactly a non-biased source.

We're also in the comments of a NY Post article here that's literally a police op-ed.

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