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POLICE BENEVOLENT ASSN. OF THE CITY OF N.Y., INC. v. CITY OF NEW YORK

Index No. 653624/20. Appeal No. 15982. Case No. 2021-03041.

205 A.D.3d 552 (2022)

168 N.Y.S.3d 462

2022 NY Slip Op 03329

Police Benevolent Association of the City of New York, Inc., et al., Respondents, v. City of New York, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 19, 2022.

Attorney(s) appearing for the Case

Georgia M. Pestana , Corporation Counsel, New York ( Claude S. Platton of counsel), for appellant.

Dechert LLP, New York ( Steven A. Engel of counsel), for Police Benevolent Association of the City of New York, Inc., respondent.

Concur—Manzanet-Daniels, J.P., Gische, Kern, Friedman, Shulman, JJ.

Plaintiffs challenge Administrative Code § 10-181 as unconstitutionally vague and preempted by New York State law. This provision, which became effective July 15, 2020, makes it a criminal misdemeanor to use certain methods of restraint "in the course of effecting or attempting to effect an arrest" (Administrative Code § 10-181[a]). Specifically, the statute prohibits "restrain[ing] an individual in a manner that restricts the flow of air or blood by compressing...

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