Recent comments in /f/nyc

NetQuarterLatte t1_jaickdh wrote

>The kettling strategy was broadly defended at the time by Mayor Bill de Blasio and the police commissioner, Dermot F. Shea, who said it was needed because protesters were defying curfews and looters had ransacked parts of Manhattan, though the demonstrations had been largely peaceful.
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>...
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>The shocking scenes of looting, scuffles between the police and protesters and destruction of police cars led then-Gov. Andrew Cuomo and Mr. DeBlasio to announce on June 1 that they would deploy twice as many police officers and impose a curfew.
“There comes a point where enough is enough,” Mr. de Blasio said.

Remember this the next someone says De Blasio was progressive. He was a jackass posing as a progressive and contributed to the situation that led to the protests escalating to riots.

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Rottimer t1_jaibrm3 wrote

Except we have examples of people being charged by the DA’s office with felony assault for shoves.

https://amp.cnn.com/cnn/2023/01/17/us/new-york-anti-asian-attack/index.html

How that shakes out in court might be different. But clearly a shove with intent has cause a charge of assault.

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casicua t1_jai9cme wrote

Conservatives obtusely conflating peaceful protests and looting is such a fundamental part of their playbook these days it’s laughable. Anyone with half a working brain cell can see right through it - but unfortunately it’s an effective tactic when courting their MAGA cult of idiots to get further in lockstep against progressives.

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NetQuarterLatte t1_jai8q8g wrote

>A slap to the face meets the criteria if you say it caused you substantial pain.

Not in the NY case law. People v. Chiddick, 8 NY3d 445 (2007):

>"petty slaps, shoves, kicks and the like delivered out of hostility, meanness and similar motives" constitute only harassment and not assault

There needs to be a clear intent on the defendant to inflict significant pain, otherwise it won't be an assault ("Motive is relevant because an offender more interested in displaying hostility than in inflicting pain will often not inflict much of it.")

So say, if a victim is retrained physically (can't run away), while the attacker slaps the victim repeatedly with the intent of causing pain, sure, that could probably be a misdemeanor assault.

For simple slaps to rise to the level of assault, I don't see that merely happening in the heat of a moment. Anyone who actually intents to cause pain could just as easily close a fist and throw a punch instead of a slap.

Maybe borderline, a "double ear clap" could arguably be assault, but that's not a regular slap.

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