<p>momof3sons, </p>
<p>Do you think they can add the hate crime (article 485) finding to the charge since they were calling him “terrorist” because of his ethnicity (or their mistaken understanding of it)? Pardon my lack of knowledge on NY rules, but does that raise the Misdemeanor A Assault to a low level Felony by raising it one level?</p>
<p>NY has a storied history of prosecutors making a name for themselves in prosecuting newsworthy cases. My suggestion of people wanting to bury the story is due to a lack of creativity in this prosecutor’s approach based upon this weak prosecution. I smell something rotten. </p>
<p>I will admit, there seems to be something missing in NY statutes with regards to the physical damage to an individual when determining the severity of an assault charge.</p>