Res 0027-2018

By Council Members Cabrera, Koslowitz, Van Bramer, Chin, Kallos, Rosenthal, Cumbo, Menchaca, Louis, Moya, Adams, Ayala, Brannan, Rivera, Ampry-Samuel, Reynoso and Rose Whereas, On Thursday, July 17, 2014, Eric Garner, who was unarmed and accused of selling loose cigarettes, was placed in a chokehold in Staten Island by a New York Police Department ("NYPD") officer; and Whereas, Despite Mr. Garner's pleas that he could not breathe, the officers proceeded to put him in handcuffs and he died later in the hospital; and Whereas, The NYPD Patrol Guide bans the use of chokeholds which includes, but is not limited to, any pressure to the throat or windpipe which may prevent or hinder breathing to reduce intake of air; and Whereas, Currently, New York Penal Law section 121.11 makes it a class A misdemeanor for a person to apply pressure on the throat or neck of a person with intent to impede the normal breathing or circulation of the blood of such person, and such action rises to the level of a class C violent felony if it results in serious physical injury; and Whereas, A.6144 /S.6670Asponsored by Assembly Member Brian Benjamin and Senator Brad Hoylman and pending in the New York State Assembly and Senate, respectively, will establish the crime of strangulation in the first degree; disregard of banned employment procedures; and Whereas, A.6144 /S.6670A provides that a person is guilty of strangulation in the first degree; disregard of banned employment procedures when he or she disregards any procedures banned by his or her employment and commits the crime of criminal obstruction of breathing or blood circulation, as defined section 121.11 of the penal law, causing serious physical injury or death to another person; and Whereas, A.6144 /S.6670A makes such offense a class B felony and; Whereas, A.6144 /S.6670A also criminalizes the use of a chokehold procedure in any context as a class A misdemeanor; now, therefore, be it Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign A.6144 and S.6670A, legislation that would establish the crime of strangulation in the first degree; disregard of banned employment procedures. LS# 1595 RCC/WJH 6/2/20