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#‘Never use a chokehold:’ NYPD warns cops about new laws after first officer charged

#‘Never use a chokehold:’ NYPD warns cops about new laws after first officer charged

June 25, 2020 | 6:23pm

The NYPD did not mince words Thursday warning cops that if they use chokeholds or restrict a person’s breathing during an arrest they could face criminal charges — just hours after the first cop was charged under the new law, The Post has learned.

“[N]ever use a chokehold, neckhold, or headlock on the subject of an arrest. Never sit, kneel or stand on the subject’s torso — including the back, the chest, or the abdomen,” read the bulletin, obtained by The Post.

Cops were also told to stop any other officers who don’t follow the guidance.

The administrative bulletin released at noon on Thursday reminded officers that they were trained not to use chokeholds — but advised cops they could also face a misdemeanor charge if they “are found to have sat, kneeled, or stood on the back or chest of a subject” in way that restricts breathing during an arrest.

“We know, however, that bringing violently-resisting subject into custody has always been challenging,” but they must cuff the person without “sitting, kneeling or standing” their back or chest, the memo read.

The department advised cops to use arm holds and other grapples to help gain compliance as they try to get the cuffs on and to remember to stand the subjects up or roll on their side to “allow unobstructed breathing.”

“Stay safe from physical danger and from criminal and civil liability, too,” the memo added, before outlining the other changes in the law, such as the repeal of the state law shielding departmental disciplinary records, and the codified right to record police interactions.

The bulletin was released just hours after Officer David Afanador, 39, was charged with attempted strangulation and strangulation over the now-viral encounter in Queens on Sunday.

Afanador, who was suspended without pay, was the first cop to face the c-felony charge after the council passed the chokehold law last week.

The NYPD did not immediately respond for comment.

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