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As the Right Lionizes Daniel Penny, His Prosecutor Faces a Familiar Fury

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As the Right Lionizes Daniel Penny, His Prosecutor Faces a Familiar Fury

Daniel Penny broke into a smile at midmorning Monday, hugging both of his lawyers in a Manhattan courtroom and getting a kiss on the cheek from one. Moments before, a jury forewoman had said Mr. Penny was not guilty of criminally negligent homicide in the death of a homeless subway passenger he had restrained in a chokehold last year.

As the celebration moved to a nearby bar, criticism of the district attorney, Alvin Bragg, exploded online. It came from Republicans like Vice President-elect JD Vance, Donald Trump Jr. and former Mayor Rudolph W. Giuliani, who praised the jurors and scorned Mr. Bragg for charging Mr. Penny, a former Marine.

On Friday, Mr. Vance said he had invited Mr. Penny to attend the Army-Navy football game on Saturday with him and called Mr. Bragg “New York’s mob district attorney.”

And so, as Mr. Penny’s star ascends on the right, Mr. Bragg, who faces re-election next year, finds himself in a familiar position: saying he had followed the law and his duty no matter the outcome as an internet storm raged around him.

Mr. Bragg, a Harlem native who is Manhattan’s first Black district attorney, has been a target for such fury since the first days of his term, when he promised a progressive approach to crime. It built to a fever when he charged President-elect Donald J. Trump with 34 felonies — and won a conviction on each charge.

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After the Penny trial, Mr. Bragg said in a statement that “as with every case, we followed the facts and the evidence from beginning to end.” But he added that “prosecutors and their family members were besieged with hate and threats — on social media, by phone and over email.”

“Simply put,” he said, “this is unacceptable, and everyone, no matter your opinion on this case, should condemn it.”

Tumult comes with the job, said Cyrus Vance Jr., his predecessor, who is not related to the vice president-elect. But in recent years the 24-hour news cycle and the never-sleeping internet have made routine cases “more fraught more frequently,” he said.

“The office has always has been involved with tough cases and tough decisions,” Mr. Vance said. He added, “My guess is, the change in reporting has intensified the reactions to cases brought and not brought.”

It was cases possibly not brought that first made Mr. Bragg a focus of public ire. In his first week in office in 2022, Mr. Bragg told his staff to ask for jail time only for the most serious offenses — including murder, sexual assault and crimes involving major sums of money — unless the law required otherwise. The city was struggling to control a pandemic spike in crime, and the move created confusion and consternation in law enforcement circles.

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But the most vociferous opposition came from conservative politicians after his office charged Mr. Trump. The former president portrayed him as part of a vast and sinister Democratic conspiracy as Mr. Bragg won his conviction for falsifying business records to cover up a hush money payment to a porn star. Mr. Trump has demanded the prosecution of people he blames for criminal and civil cases against him, including Mr. Bragg.

This summer, Mr. Bragg signaled that he would testify before Congress as Republican representatives sought to discredit the case. Since winning election this year for a second term, Mr. Trump has asked the court to dismiss his conviction. In a letter to the judge overseeing the case, Mr. Bragg’s office countered by showing a willingness to freeze sentencing while Mr. Trump holds office.

The district attorney’s office, with about 1,700 staff members, including approximately 600 prosecutors, has brought 36,000 cases this year, according to its data. In November, the office concluded 13 trials.

Mr. Bragg’s supporters have said that the politically charged cases have overshadowed good work, like mental health initiatives and the creation of a special victims division. Erin E. Murphy, a New York University law professor and Mr. Bragg’s close friend, said it is “frustrating.”

However, Mr. Bragg’s experience as a career prosecutor — working in the office of the U.S. attorney for the Southern District of New York and as a deputy New York attorney general — prepared him to take the condemnation in stride and ignore the political maelstrom, she said.

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“The work he’s done has gone up against some of the most powerful political, economic, financial actors in our system,” she said. “He’s just well poised to just know what that feels like and what it entails.”

Mr. Bragg’s case against Mr. Penny stemmed from his encounter with another subway rider, Jordan Neely, on May 1, 2023. Mr. Penny, an architecture student, was on his way to the gym when he boarded an uptown F train. Mr. Neely, 30, who had struggled with his mental health for years, entered the car and began yelling about his hunger, wanting to return to jail and not caring about living or dying, according to witnesses, several of whom described his behavior as frightening.

As Mr. Neely strode through the car, Mr. Penny approached from behind and put him in a chokehold, taking him to the floor.

In the days after, as video of the two men struggling on the floor rocketed around the internet, protesters crowded onto the platform at the Broadway-Lafayette station, where the train had stopped, demanding charges against Mr. Penny.

Others quickly came to his defense, saying that he had acted to protect fellow passengers.

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Vickie Paladino, a Republican city councilwoman from Queens, this week called for Mr. Trump’s incoming administration to launch a federal civil rights investigation of the prosecutor’s office. Mr. Bragg “has made this racial,” Ms. Paladino told “Fox & Friends First,” adding that the trials of Mr. Trump and Mr. Penny, who are both white, show the prosecutor’s office has a “vendetta.”

Maud Maron, a right-wing activist who has said she plans to run as a Republican for district attorney, said she would not have filed charges against Mr. Penny because he had acted in defense of others.

Mr. Neely would not have died had he been jailed for previous crimes, she said. Although incarceration is not “ideal or sometimes even a great way to deliver mental health services for drug treatment services, sometimes it’s the only way,” she said.

Mr. Penny’s case became a flashpoint in the debate over how New York handles crime and justice, homelessness and mental illness.

Some said the episode was representative of a string of high-profile crimes on the subways, many involving homeless and mentally ill people, and showed the city’s inability to protect residents. Others saw Mr. Neely as a symbol of a broken system that lets vulnerable people slip through the cracks.

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That politicians seized on Mr. Penny’s case was unsurprising, said Maya Wiley, a civil rights attorney and former candidate for mayor. “In this era, political actors are deeply invested in what prosecutors are or are not doing,” she said.

Ms. Wiley, who said she met Mr. Bragg during their respective campaigns in 2021, called him a “straight shooter.”

Mr. Bragg had an “obligation to Neely and to the public” to look at the evidence and prosecute the case, particularly following a medical examiner’s findings that Mr. Neely died because of the chokehold, Ms. Wiley said. “Anything short of that would have been to fail to do the job appropriately,” she said.

But as Mr. Bragg’s office finishes one charged case, another is close on its heels.

At almost the same time as Mr. Penny was rejoicing on Monday, police officers in Pennsylvania arrested a suspect in the killing of a health insurance executive on a Manhattan street. The suspect, Luigi Mangione, has been charged with murder by New York prosecutors and they seek his extradition.

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Already, the killing has garnered an impassioned response from Americans frustrated with the health insurance industry, with some making the defendant into a folk hero — and returning a polarized nation’s attention to the prosecutor’s office in Lower Manhattan.

New York

Vote For the Best Metropolitan Diary Entry of 2025

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Vote For the Best Metropolitan Diary Entry of 2025

Every week since 1976, Metropolitan Diary has published stories by, and for, New Yorkers of all ages and eras (no matter where they live now): anecdotes and memories, quirky encounters and overheard snippets that reveal the city’s spirit and heart.

For the past four years, we’ve asked for your help picking the best Diary entry of the year. Now we’re asking again.

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We’ve narrowed the field to the five finalists here. Read them and vote for your favorite. The author of the item that gets the most votes will receive a print of the illustration that accompanied it, signed by the artist, Agnes Lee.

The voting closes at 11:59 p.m. on Sunday, Dec. 21. You can change your vote as many times as you’d like until then, but you may only pick one. Choose wisely.

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Click “VOTE” to choose your favorite Metropolitan Diary entry of 2025, and come back on Sunday, Dec. 28, to see which one our readers picked as their favorite.

Click “VOTE” to choose your favorite Metropolitan Diary entry of 2025, and come back on Sunday, Dec. 28, to see which one our readers picked as their favorite.

Two Stops

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Dear Diary:

It was a drizzly June night in 2001. I was a young magazine editor and had just enjoyed what I thought was a very blissful second date — dinner, drinks, fabulous conversation — with our technology consultant at a restaurant in Manhattan.

I lived in Williamsburg at the time, and my date lived near Murray Hill, so we grabbed a cab and headed south on Second Avenue.

“Just let me out here,” my date said to the cabby at the corner of 25th Street.

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We said our goodbyes, quick and shy, knowing that we would see each other at work the next day. I was giddy and probably grinning with happiness and hope.

“Oh boy,” the cabby said, shaking his head as we drove toward Brooklyn. “Very bad.”

“What do you mean?” I asked in horror.

“He doesn’t want you to know exactly where he lives,” the cabby said. “Not a good sign.”

I spent the rest of the cab ride in shock, revisiting every moment of the date.

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Happily, it turned out that my instinct about it being a great date was right, and the cabby was wrong. Twenty-four years later, my date that night is my husband, and I know that if your stop is first, it’s polite to get out so the cab can continue in a straight line to the next stop.

— Ingrid Spencer

Ferry Farewell

Ferry Farewell

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Dear Diary:

On a February afternoon, I met my cousins at the Staten Island Ferry Terminal. Their spouses and several of our very-grown children were there too. I brought Prosecco, a candle, a small speaker to play music, photos and a poem.

We were there to recreate the wedding cruise of my mother, Monica, and my stepfather, Peter. They had gotten married at City Hall in August 1984. She was 61, and he, 71. It was her first marriage, and his fourth.

I was my mother’s witness that day. It was a late-in-life love story, and they were very happy. Peter died in 1996, at 82. My mother died last year. She was 100.

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Peter’s ashes had waited a long time, but finally they were mingled with Monica’s. The two of them would ride the ferry a last time and then swirl together in the harbor forever. Cue the candles, bubbly, bagpipes and poems.

Two ferry workers approached us. We knew we were in trouble: Open containers and open flames were not allowed on the ferry.

My cousin’s husband, whispering, told the workers what we were doing and said we would be finished soon.

They walked off, and then returned. They said they had spoken to the captain, and they ushered us to the stern for some privacy. As the cup of ashes flew into the water, the ferry horn sounded two long blasts.

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— Caitlin Margaret May

Unacceptable

Unacceptable

Dear Diary:

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I went to a new bagel store in Brooklyn Heights with my son.

When it was my turn to order, I asked for a cinnamon raisin bagel with whitefish salad and a slice of red onion.

The man behind the counter looked up at me.

“I’m sorry,” he said. “I can’t do that.”

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— Richie Powers

Teresa

Teresa

Dear Diary:

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It was February 2013. With a foot of snow expected, I left work early and drove from New Jersey warily as my wipers squeaked and snow and ice stuck to my windows.

I drove east on the Cross Bronx Expressway, which was tied up worse than usual. Trucks groaned on either side of my rattling Toyota. My fingers were cold. My toes were colder. Got to get home before it really comes down, I thought to myself.

By the time I got home to my little red bungalow a stone’s throw from the Throgs Neck Bridge, the snow was already up to my ankles.

Inside, I took off my gloves, hat, scarf, coat, sweater, pants and snow boots. The bed, still unmade, was inviting me. But first, I checked my messages.

There was one from Teresa, the 92-year-old widow on the corner.

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“Call me,” she said, sounding desperate.

I looked toward the warm bed, but … Teresa. There was a storm outside, and she was alone.

On went the pants, the sweater, the coat, the scarf, the boots and the gloves, and then I went out the door.

The snow was six inches deep on the sidewalks, so I tottered on tire tracks in the middle of the street. The wind stung my face. When I got to the end of the block, I pounded on her door.

“Teresa!” I called. No answer. “Teresa!” I called again. I heard the TV blaring. Was she sprawled on the floor?

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I went next door and called for Kathy.

“Teresa can’t answer the door,” I said. “Probably fell.”

Kathy had a key. In the corner of her neat living room, Teresa, in pink sweatpants and sweaters, was sitting curled in her armchair, head bent down and The Daily News in her lap.

I snapped off the TV.

Startled, she looked up.

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“Kathy! Neal!” she said. “What’s a five-letter word for cabbage?”

— Neal Haiduck

Nice Place

Nice Place

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Dear Diary:

When I lived in Park Slope over 20 years ago, I once had to call an ambulance because of a sudden, violent case of food poisoning.

Two paramedics, a man and a woman, entered our third-floor walk-up with a portable chair. Strapping me in, the male medic quickly inserted an IV line into my arm.

Out of the corner of my eye, I could see his partner circling around and admiring the apartment.

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“Nice place you’ve got here.” she said. “Do you own it?”

“Yeah,” I muttered, all but unconscious.

Once I was in the ambulance, she returned to her line of inquiry.

“Do you mind me asking how much you paid for your apartment?”

“$155,000,” I croaked.

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“Wow! You must have bought during the recession.”

“Yeah” I said.

They dropped me off at Methodist Hospital, where I was tended to by a nurse as I struggled to stay lucid.

At some point, the same medic poked her head into the room with one last question:

“You wouldn’t be wanting to sell any time soon, would you?”

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— Melinda DeRocker

Illustrations by Agnes Lee.

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They Witness Deaths on the Tracks and Then Struggle to Get Help

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They Witness Deaths on the Tracks and Then Struggle to Get Help

‘Part of the job’

Edwin Guity was at the controls of a southbound D train last December, rolling through the Bronx, when suddenly someone was on the tracks in front of him.

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He jammed on the emergency brake, but it was too late. The man had gone under the wheels.

Stumbling over words, Mr. Guity radioed the dispatcher and then did what the rules require of every train operator involved in such an incident. He got out of the cab and went looking for the person he had struck.

“I didn’t want to do it,” Mr. Guity said later. “But this is a part of the job.”

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He found the man pinned beneath the third car. Paramedics pulled him out, but the man died at the hospital. After that, Mr. Guity wrestled with what to do next.

A 32-year-old who had once lived in a family shelter with his parents, he viewed the job as paying well and offering a rare chance at upward mobility. It also helped cover the costs of his family’s groceries and rent in the three-bedroom apartment they shared in Brooklyn.

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But striking the man with the train had shaken him more than perhaps any other experience in his life, and the idea of returning to work left him feeling paralyzed.

Edwin Guity was prescribed exposure therapy after his train struck a man on the tracks.

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Hundreds of train operators have found themselves in Mr. Guity’s position over the years.

And for just as long, there has been a path through the state workers’ compensation program to receiving substantive treatment to help them cope. But New York’s train operators say that their employer, the Metropolitan Transportation Authority, has done too little to make them aware of that option.

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After Mr. Guity’s incident, no official told him of that type of assistance, he said. Instead, they gave him the option of going back to work right away.

But Mr. Guity was lucky. He had a friend who had been through the same experience and who coached him on getting help — first through a six-week program and then, with the assistance of a lawyer, through an experienced specialist.

The specialist prescribed a six-month exposure therapy program to gradually reintroduce Mr. Guity to the subway.

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His first day back at the controls of a passenger train was on Thanksgiving. Once again, he was driving on the D line — the same route he had been traveling on the day of the fatal accident.

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Mr. Guity helps care for his 93-year-old grandmother, Juanita Guity.

M.T.A. representatives insisted that New York train operators involved in strikes are made aware of all options for getting treatment, but they declined to answer specific questions about how the agency ensures that drivers get the help they need.

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In an interview, the president of the M.T.A. division that runs the subway, Demetrius Crichlow, said all train operators are fully briefed on the resources available to them during their job orientation.

“I really have faith in our process,” Mr. Crichlow said.

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Still, other transit systems — all of which are smaller than New York’s — appear to do a better job of ensuring that operators like Mr. Guity take advantage of the services available to them, according to records and interviews.

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An Uptick in Subway Strikes

A Times analysis shows that the incidents were on the rise in New York City’s system even as they were falling in all other American transit systems.

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Source: Federal Transit Administration.

Note: Transit agencies report “Major Safety and Security Events” to the F.T.A.’s National Transit Database. The Times’s counts include incidents categorized as rail collisions with persons, plus assaults, homicides and attempted suicides with event descriptions mentioning a train strike. For assaults, The Times used an artificial intelligence model to identify relevant descriptions and then manually reviewed the results.

Bianca Pallaro/The New York Times

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San Francisco’s system provides 24-hour access to licensed therapists through a third-party provider.

Los Angeles proactively reaches out to its operators on a regular basis to remind them of workers’ compensation options and other resources.

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The Massachusetts Bay Transportation Authority has made it a goal to increase engagement with its employee assistance program.

The M.T.A. says it offers some version of most of these services.

But in interviews with more than two dozen subway operators who have been involved in train strikes, only one said he was aware of all those resources, and state records suggest most drivers of trains that strike people are not taking full advantage of them.

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“It’s the M.T.A.’s responsibility to assist the employee both mentally and physically after these horrific events occur,” the president of the union that represents New York City transit workers, John V. Chiarello, said in a statement, “but it is a constant struggle trying to get the M.T.A. to do the right thing.”

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Video: Protesters Arrested After Trying to Block a Possible ICE Raid

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Video: Protesters Arrested After Trying to Block a Possible ICE Raid

new video loaded: Protesters Arrested After Trying to Block a Possible ICE Raid

transcript

transcript

Protesters Arrested After Trying to Block a Possible ICE Raid

Nearly 200 protesters tried to block federal agents from leaving a parking garage in Lower Manhattan on Saturday. The confrontation appeared to prevent a possible ICE raid nearby, and led to violent clashes between the police and protesters.

[chanting] “ICE out of New York.”

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Nearly 200 protesters tried to block federal agents from leaving a parking garage in Lower Manhattan on Saturday. The confrontation appeared to prevent a possible ICE raid nearby, and led to violent clashes between the police and protesters.

By Jorge Mitssunaga

November 30, 2025

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