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Tipsheet

Manhattan DA Alvin Bragg Reverses Course on Crime Policies Amid Backlash

AP Photo/Matt Rourke

Manhattan District Attorney Alvin Bragg on Friday nixed two policies designed to lessen penalties for certain crimes after he received heated public backlash amid the city's uptick in violent crime.

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In a memo to staff, Bragg said that his initial memo from Jan. 3 was meant to provide a "framework" for how his office should "approach cases in the best interest of safety and justice" but acknowledged that it "has been a source of confusion, rather than clarity.

"As I emphasized in my remarks to the office, you were hired for your keen judgment, and I want you to use that judgment – and experience – in every case," Bragg wrote.

Bragg said in his new memo that commercial robberies committed with a gun will be charged as a felony, regardless of whether the gun is "operable, loaded, or a realistic imitation."

Commercial robberies committed at knifepoint, or with any other weapon that poses a risk of physical harm, will also be charged as a felony.

The memo stated that people "walking the streets with guns" will be "prosecuted and held accountable."

"The default in gun cases is a felony prosecution," the memo read. "We also will use gun possession cases as an opportunity to trace the sources of illegal guns and build cases against gun traffickers."

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Bragg also emphasized that violence against police officers "will not be tolerated" and that his office will "prosecute any person who harms or attempts to harm a police officer."

The head of the NYPD's largest union said in a statement that he hopes Friday's memo will reduce criminals' willingness to commit a crime the same way his previous memo emboldened criminals.

"We hope this updated memo filters down to the streets the way the first one did, because gun-toting criminals definitely believe they have a safe haven in Manhattan," Police Benevolent Association President Patrick Lynch said, according to the New York Post. DA Bragg needs to keep sending the message that they won't get a pass, and his staff needs to back that message up in the courtroom."

The initial Jan. 3 memo said an individual would be charged with petty larceny, a misdemeanor, if "the force or threat of force consists of displaying a dangerous instrument or similar behavior but does not create a genuine risk of physical harm."

Friday's memo comes after two New York City police officers – Jason Rivera and Wilbert Mora – were killed last month after responding to a 911 call in Harlem.

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Rivera's widow, Dominique Luzuriaga, called out Bragg during her husband's funeral service for failing to keep the city's residents safe.

"The system continues to fail us," Luzuriaga said. "We are not safe anymore, not even the members of the service. I know you were tired of these new laws, especially the ones from the new DA. I hope he’s watching you speak through me right now."

According to public crime data, Rivera and Mora are two of six cops who have been shot in New York City in 2022, and shootings were up nearly 46 percent in the first 28 days of the new year.

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