Second Circuit judges appeared divided on whether to revive claims from an ex-Harlem bodega clerk who stabbed an attacker and was charged with murder before Manhattan District Attorney Alvin Bragg dropped the case.
“The fact that we’re having this discussion” shows there are “different interpretations” of what happened between Jose Alba and his assailant, said Judge Maria Araújo Kahn, a Biden appointee, on Thursday. Kahn suggested a reasonable officer could have made the arrest after seeing a “dead guy bleeding” and Alba “holding a knife.”
“I don’t know if the discussion is probative of anything,” responded Judge Steven Menashi, a ...
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