Hoylman urges city’s DAs not to prosecute
Police officers scuffle with a protester during
a rally against the death in Minneapolis police
custody of George Floyd, in Times Square on
May 30, 3030.
BY ROBERT
POZARYCKI
Hundreds of protesters
wound
up in NYPD custody
during protests over
the police-involved death
of Minneapolis’ George
Floyd — with most facing
misdemeanor charges
such as disorderly
conduct or unlawful assembly.
Manhattan state Senator
Brad Hoylman called
upon the city’s fi ve district
attorneys Monday
not to prosecute the offenders,
charging that
“protesting injustice is
not a crime.”
“Systemic reform has
to include our treatment
of prisoners. There’s
nothing unlawful about
a New Yorker exercising
their First Amendment
rights,” Hoylman said
in a June 1 statement.
“Protesting injustice
is not a crime. In New
York City, prosecutors
shouldn’t treat it as
one.”
Hoylman was among
the thousands of New
Yorkers who participated
at the George Floyd
protests this weekend,
REUTERS/ANDREW KELLY
marching through Staten
Island and Union
Square. While the majority
of all protesters
kept the peace, there
were incidents of mayhem,
including physical
skirmishes with cops,
vandalism, torching
of police vehicles and
looting in Brooklyn and
Manhattan.
Both charges of disorderly
conduct and
unlawful assembly are
Class B misdemeanors
in New York state.
Disorderly conduct,
under state law, covers
a wide gamut of incidents
that “cause public
inconvenience, annoyance
or alarm” or recklessly
create various
risks. The risks include
engaging in fi ghting or
violent behavior; making
unreasonable noise;
using abusive or obscene
language in public;
disturbing a lawful
assembly; obstructing
vehicular or pedestrian
traffi c; refusing to comply
with a police order
to disperse; or creating
a hazardous or physically
offensive condition.
The unlawful assembly
charge, as defi ned in
protesters’ misdemeanors
state penal law, involves
assembly of “four or
more other persons for
the purpose of engaging
or preparing to engage
with them in tumultuous
and violent conduct
likely to cause public
alarm.”
It also applies to
an individual who is
“present at an assembly
which either has or
develops such purpose
and remains there
with intent to advance
that purpose.”
As Class B misdemeanors,
those convicted
on either charge face
maximum penalties of
up to 3 months in prison
or one year of probation,
and are subject to
a fi ne of up to $500.
On June 1, Manhattan
District Attorney
Cy Vance said his offi ce
is “independently evaluating
all arrests of protesters
to determine if
their cases should move
forward.”
“With regard to custodial
arrests, we have
independently evaluated
and charged certain
cases where assaults
against police offi cers,
destruction and looting
are alleged,” Vance
said in a statement.
“This conduct is completely
unacceptable
and will be prosecuted
aggressively when it is
supported by the evidence.”
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