The city is appealing a recent ruling that struck down a controversial part of the anti-chokehold law, court papers show.
In June, Manhattan Supreme Court Justice Laurence Love sided with a coalition of police unions that have been challenging a portion of the anti-chokehold law — referred to as the “diaphram law” — finding it “unconstitutionally vague,” his decision said.
Last week, the city filed an appeal of Love’s decision with the Appellate Division, First Department.
The unions filed suit soon after the law passed in July 2020 — which included a clause that barred and criminalized for cops any maneuvers during an arrest that compress a suspect’s diaphragm.
Love’s ruling said he hoped the City Council would address the vagueness of the clause — which was added after George Floyd was killed during an arrest by Minneapolis cop Derek Chauvin, who kneeled on him for almost 10 minutes.
Outraged police departments in Westchester instructed local cops at the time not to make arrests in New York City in protest of the new law.
City prosecutors have also said they didn’t think the law would hold up in court.
Anthony Coles, a lawyer for the police unions, said “Judge Love had it exactly right on both the facts and the law.
“It is hard to see that there is any merit to an appeal.”