["Innocent New Yorkers will continue to sit in our jails and
prisons, or remain saddled with an unlawful criminal record in our
communities, unable to clear their names," warned one critic. ]
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NY GOVERNOR HOCHUL VETOES WRONGFUL CONVICTION, IMMIGRANT RIGHTS BILLS
 
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Brett Wilkins
December 24, 2023
Common Dreams
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_ "Innocent New Yorkers will continue to sit in our jails and
prisons, or remain saddled with an unlawful criminal record in our
communities, unable to clear their names," warned one critic. _

New York Governor Kathy Hochul, Yuki Iwamura/Associated Press

 

Criminal justice reform advocates expressed anger and disappointment
this weekend after Democratic New York Gov. Kathy Hochul vetoed
legislation that would have made it easier for wrongfully convicted
people to fight for their exoneration.

Senate Bill S7548
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Challenging Wrongful Convictions Act, would have empowered innocent
people who pleaded guilty to crimes—a common occurrence
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criminal justice system—to have a new day in court.

Introduced by New York state Sen. Zellnor Myrie (D-20), the bill would
allow people without the benefit of DNA evidence in their cases to
seek redress to prove their innocence. The measure also allows access
to post-conviction discovery and grants the right to counsel for
people with wrongful conviction claims.

Explaining what is says is the need for the legislation, the Innocence
Project noted: "New York has the third-highest number of wrongful
convictions in the nation. Currently, the law makes it effectively
impossible for innocent people who plead guilty and do not have the
benefit of DNA evidence to challenge their convictions in court. This
prevents countless people with credible innocence claims from getting
relief in court."

While criminal justice reformers backed the bill, it was staunchly
opposed by prosecutors.

"Gov. Hochul's failure to sign the Challenging Wrongful Convictions
Act only shows that she believes that innocent people should be in
prison," Roger Clark, who leads the activist group VOCAL-NY, said in
a statement
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"There's no excuse for her not to sign this bill."

"We will be back in Albany in January to continue our efforts to end
wrongful incarceration and to keep fighting until there is justice,"
Clark added.

New York County Defender Services executive director Stan
Germán said
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as a result of Hochul's veto, "innocent New Yorkers will continue to
sit in our jails and prisons, or remain saddled with an unlawful
criminal record in our communities, unable to clear their names."

Hochul also vetoed the Fair Courts for Immigrant New Yorkers Act
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that passed for a second time in June and which would amend state law
to require courts to advise noncitizen defendants of the risk of
deportation before they accept plea deals.

"I am deeply disappointed in Gov. Hochul's decision to again veto the
bill, despite our willingness to negotiate possible amendments," said
state Assemblymember Catalina Cruz (D-39), who sponsored the lower
chamber's version of the legislation.

"The veto of this vital piece of legislation is a setback for the
rights and dignity of immigrant New Yorkers," she added. "It
disregards the needs and concerns of our diverse immigrant
communities, leaving them vulnerable to potential injustices within
our legal system."

Yasmin Farhang, director of advocacy at the Immigrant Defense
Project, asserted
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Hochul's veto "shows a blatant disdain for immigrants' rights and a
disregard for the legislative process."

"Immigrant New Yorkers are too often unaware that a plea in criminal
court can have devastating results—including detention, deportation,
and ineligibility for citizenship—and therefore do not seek the
immigration advice they are constitutionally entitled to," she
continued.

"This bill would have made these protections meaningful and created
accountability mechanisms where immigrants' rights are violated,"
Farhang added. "We are incredibly disappointed that the governor has
again vetoed it and put the rights of immigrant New Yorkers at risk."

_Brett Wilkins is a staff writer for Common Dreams._

* wrongful convictions
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* Defending Immigrants
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* Gov. Kathy Hochul
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* Veto
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