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DAILY NEWS NYDailyNews.com Now, hold Wednesday, August 30, 201 7 DAILY NEWS NYDailyNews.com Linda Stasi p6 Editorial p24 Weather, Horoscope p30 Comics, Crossword p32-33 Death Notices p28 Sports p38 TV Listings p55 on i UK I Oh RORY I. Commissioner James P. O'Neill New York City Police Department One Police I'laza New York, New York 10007 Dear Co si oner O'Nei As the sponsor of currently pending legislation which would make a police officer's use of a chokehold a misdemeanor (Intro. 540), I write to request the records in the recent case in which you overturned an administrative judge's guilty verdict against an officer accused of using a chokehold. including the trial transcript, any documentary or electronic evidence considered at trial, and any other material you considered in making your decision.

My understanding is that the City bases its refusal to disclose this information to the puhlic on New York State Civil Rights Law 5()-a, hut, as you know, 5()-a(4) provides an exception for "any agency of government which requires the records in the furtherance of their official functions." The records seek are necessary in the furtherance of the Council's official functions, including the proper consideration of the merits of my legislation and our responsibility to oversee the Police Department. "A If, you fail to produce these records bv issue a subpoen: pursuant to City Charter 2v(ht It is shocking that chokeholds remain in use three decades after their ban by NYPD, and the tragic death of Eric Garner in 2014. But then again, the Office of the Inspector General NYPD found in 2015 that chokehold use was rarely, if ever, punished, and I warned that NYPD's 2016 amendments to the Patrol Guide's "Use of Force" standards actually had the to make chokehold use more likely rather than less. Palin suit vs. Times tossed A JUDGE has tossed Sarah Palin's defamation lawsuit against The New York Times.

Manhattan Federal Judge Jed Rakoff on Tuesday dismissed the former Alaska governor's claims thatthe Gray Lady smeared her in a June 14 editorial by wrongly linking ads from her political action committee to the 20 11 shooting of U.S. Rep. Gabby Giffords in Tucson. The Jan. 8, 2011, shooting spree left six dead and 13 injured, includingthe congresswoman.

The editorial had said Palin's PAC put "Giffords and 19 other Democrats under stylized crosshairs." Butthe crosshairs referred to electoral districts, not the pols themselves. The Times ran a correction soon afterthe piece ran. Rakoff said in his decision that the one-time vice presidential contender failed to show the errors were "made maliciously" and tossed the suit with prejudice -meaning Palin can't sue The Times on the same grounds again. She still can appeal the decision. Lawyers for Palin could not immediately be reached.

Victoria Bekiempis Ferry debut floats their boats in Qns. THIS IS ferry good news for Queens commuters. The new Astoria ferry route took off Tuesday morning from Hallets Point peninsula to Wall St. "It's a new way for people to get around, and we've got to take advantage of it," Mayor de Blasio told reporters gathered at the launch. "Our streets are too crowded, our subways are too crowded, (but) our waterways are nice and open, and so that's why we knew we had togetbacktothewater." The ferry's first stop is at Gantry Plaza State Park in Long Island City.

From there it moves to Roosevelt Island and E. 34th St. before landing at Wall St. The trip takes 47 minutes from start to finish. Boats run every 25 minutes during peak service times.

It is part of a larger service expansion by NYC Ferry in the city. Reuven Blau YOKK LANCMAN NYPD Commissioner James O'Neill (above) is asked to turn over records, or face subpoena. September 7th. 2(117, I will ask that the Council compelling their disclosure. the practice in 1993.

The city had to pay Garner's family $5.9 million in a legal settlement. "The information is necessary as chokeholds have been a persistent problem," Lancman told The News. "Right now, this is a close cousin to the coverup being worse than the crime. Meanwhile, a former chairman of the Civilian Complaint Review Board said the records shouldbe public. "Ithinkthisisacase ofaterrif-ic police department shooting itself in the foot," said lawyer Richard Emery, chairman of the CCRBfrom2014to2016.

In another development around the issue of police disciplinary records, the state's highest court, the Court of Appeals, will hear a lawsuit brought by the New York Civil Liberties Union against the city to force the disclosure of the outcome of NYPD disciplinary hearings. THE NEWS SAYS: The NYPD's hypocrisy is painful. Pol seeks details in cop choke BY STEPHEN REXBROWN and GRAHAM RAYMAN NEW YORK DAILY NEWS A QUEENS CITY councilman fired off a letter to the NYPD, demanding cops turn over records in the case of an officer found guilty during a department trial of using a banned choke-hold on a suspect. Police Commissioner James O'Neill overturned the ruling by the administrative trial judge last month the first time he'd exercised that power since becoming the city's top cop in September. City Councilman Rory Lane-man threatened to subpoena O'Neill if the records are not turned over, according to the letter obtained by the Daily News on Tuesday.

"If you fail to produce these records by Sept. 7th, I will ask that the Council issue a subpoena compelling their disclosure," Lancman wrote. The NYPD and the Civilian Complaint Review Board have refused to provide the officer's name, details of the case or why O'Neill rejected the administrative law judge's decision. They cited Section 50-a of the state Civil Rights Law, which keeps police personnel records private. The incident that led to the department charges happened on Oct.

9, 2013. Cops arrested a man at a transitional living facility in Fort Greene, Brooklyn, for making threats against a relative. In the elevator, the handcuffed man tried to kick a detective. He turned to spit at another detective, the sources said. That MOBILE DEVICES To download, visit the App Store or Google Play and search: Daily News Mobile TABLET DEVICES To download visit: nydn.comany FOLLOW US ON FACEBOOK after for the the potential detective placed his hand on the back of the man's neck and covered the suspect's face with a pair of pants.

The detectives pushed the man against the elevator buttons. The man then tried to elbow the detective who covered his face, the sources said. That detective wrapped his forearm around his neck for several seconds, and then they led the cuffed man out of the elevator, sources said. The CCRB recommended the guilty verdict, based in part on an analysis of surveillance video of the confrontation captured in a reflection inside the elevator. It was still not clear late Tuesday why O'Neill overturned the judge's ruling.

"(The suspect) was being combative and it all happened in a few seconds," a police source said. "This is totally different from the Eric Garner case." Garner died after he was placed in a chokehold by Officer Daniel Pantaleo on Staten Island in 20 14. The NYPD banned NEW YORK LOTTERY: Evening: 660 Win 4: 5403 Midday: 010 Win 4: 9307 Pick 10: 3-4-6-8-9-11-12-16-21-24-26-28-33-34-37-38-50-65-69-75 Mega Millions: 2-13-17-35-73 Take 5: 13-27-28-30-35 NEW JERSEY LOTTERY: Pick 3: 386 Pays: $249.50 Box: $41.50 Pairs: $24.50 Pick 4: 9347 Pays: $4,256 Box: $177 Pairs: $42.50 Cash 5 Xtra Ball: X2 LOTTERY HOTLINE: 1-900-448-4000 99tt per minute Results from NY, NJ, CT, PA, FL Alternate side parking rules are in effect Wednesday and Thursday. '4 DAILY NEWS Fisher attacked ff-'j after wooine wite I ot ex-teammate 1 Wednesday, August 30, 2017 Vol. 99 No.

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