Crime & Safety

Manhattan DA Won't Prosecute Slew Of Minor Crimes

Fare jumping, resisting arrest and other offenses won't be charged, according to a spate of reforms outlined by Manhattan DA Alvin Bragg.

NYPD officers patrol inside Times Square station on May 6, 2020.
NYPD officers patrol inside Times Square station on May 6, 2020. (Eduardo Munoz Alvarez/Getty Images)

NEW YORK CITY — Turnstile jumpers, adulterers or obscene New Yorkers won't face criminal charges under Manhattan's new chief prosecutor.

A sweeping memo released Tuesday by Manhattan District Attorney Alvin Bragg on Monday outlines significant reforms in how the borough will approach charging minor crimes.

Take fare evasion.

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Under the memo, it won't be charged unless it's connected with a felony. Ditto for marijuana misdemeanors, resisting arrest, prostitution and "outdated offenses" such as obscenity and adultery.

"These policy changes not only will, in and of themselves, make us safer; they also will free up prosecutorial resources to focus on violent crime," Bragg said in a statement. "To that end, new initiatives and policies on guns, sex crimes, hate crimes, and other matters will be announced in the coming weeks."

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Bragg began his memo with a vivid retelling of his youth in Harlem. He wrote that he had guns pointed at him six times — by police and others — as well as a knife to his neck, a gun to his head and a homicide victim on his doorstep.

"Data, and my personal experiences, show that reserving incarceration for matters involving significant harm will make us safer," he wrote.

Patrick Lynch, head of the powerful Police Benevolent Association, criticized the policies he argued would give New Yorkers the go-ahead to break city law.

"Police officers don’t want to be sent out to enforce laws that the district attorneys won’t prosecute," Lynch said in a statement. "And there are already too many people who believe that they can commit crimes, resist arrest, interfere with police officers and face zero consequences."

Attorneys for The Legal Aid Society, who have long pushed for such reforms, praised Bragg's memo.

“The Legal Aid Society welcomes this memo as a substantive first step to reform an office that long resorted to making excessive bail requests and overcharging our clients," said Tina Luongo, the group's attorney-in-charge of criminal defense practice, in a statement. "Meaningful reform demands that these newly announced policies become standard operating procedure officewide, and we urge judges to not stand in the way of these long overdue and necessary reforms.”

Bragg's memo provides action on his campaign promise to reform Manhattan's criminal justice system.

The reforms detailed pledges to invest more alternatives to incarceration, reduce pretrial detention and focus on "accountability" rather than lengthy prison sentences.

Mayor Eric Adams, a former police captain who has walked a fine line between advocating reforms and increasing law enforcement efforts, appeared broadly supportive.

He said he believed Bragg to be on "Team Public Safety."

“Team Public Safety is not only handcuffs,” Adams said. “Team Public Safety is also the pipeline that turns people in career criminals.”

Read the full memo here.

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