Big baloney!
The truth is, under Bragg’s new policy, some very serious crimes will now be charged as less serious crimes and the perps will get a slap on the wrist and be immediately returned to the community where statistics show they will continue their life of crime and inflict more pain and suffering on the hard-working citizens of NYC rather than doing time behind bars where they are away from decent members of the community.
The following offenses are now reduced as stated in Bragg’s policy:
a) An act that could be charged under PL §§ 160.15 (2, 3, or 4), 160.10(2b), or 160.05
that occurs in a commercial setting should be charged under PL § 155.25 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.
b) The possession of a non-firearm weapon under Penal Law § 265.02(1) shall not be
charged unless as a lesser included offense, and § 265.01 shall be charged instead.
c) Residential burglaries: An act involving theft of property from a storage area or other
portion of a dwelling that is not accessible to a living area that could be charged under
PL § 140.25(2) should be charged only under PL §140.20 and not under PL §140.30 or
PL §140.25(2).
d) Commercial burglaries: An act involving theft of property from a commercial
establishment that could be charged under PL § 140.25(2) because such establishment
is technically part of a larger structure that contains dwellings shall only be charged
under § 140.20.
e) Drug cases: If there is a reasonable view of the evidence indicating that a person
arrested for the sale of a controlled substance is acting as a low-level agent of a seller,
such person shall be charged with 220.03 and no felonies and therefore offered
diversion. Also, unless such charge is a lesser included offense or unless the defendant
actually sold a controlled substance, the offense of Penal Law § 220.06 shall not be
charged and 220.03 shall instead be charged.
In essence, an armed robber who now engages in First, Second and/or Third-degree Robbery, is to be charged with Petit larceny, given a DESK APPEARANCE TICKET, and be back on the streets in a few hours to repeat Armed Robbery.
Why must you make crap up and sugar-coat the new and insane Bragg policy?
JWK
The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their most formidable domestic enemy.
