An NYPD cop who had been facing jail time for punching a man disturbing customers at an Upper West Side Apple store was found not guilty by a Manhattan judge Thursday.
The not guilty verdict in favor of Officer Salvatore Provenzano was a win for city cops who have accused Manhattan DA Alvin Bragg of being soft on crime and having an anti-police bias.
“Officer Provenzano was simply doing his job, trying to protect himself and the public from an individual who has repeatedly caused mayhem in places of business,” Police Benevolent Association President Patrick Hendry said in a statement. “Manhattan prosecutors need to stop wasting time and resources targeting cops over nonsense and start working with us to address real public safety issues.”
“We work in close partnership with the NYPD every day and I have immense respect for the officers in uniform,” Bragg said in a statement.
Provenzano was hit with third-degree assault charges after the Oct. 19, 2021, incident. Prosecutors say the on-duty cop assaulted a man, who was not under arrest, as police escorted him out of the store on W. 67th St. near Broadway for disturbing customers.
The Manhattan DA’s office said Provenzano used force that was not justified when he hit the man on the left side of his face as he tried to wriggle out of Provenzano’s grip and walk toward the exit.
The incident was caught on Provenzano’s body-worn camera, prosecutors said.
Prosecutors offered Provenzano, who has been a cop since 2007, the chance to plead guilty to a harassment violation, which would have left him with no criminal record or threat of jail time.
Provenzano took his chances with a bench trial and Manhattan Criminal Supreme Court Judge Maxwell Wiley found him not guilty.
“I thank our prosecutors for their hard work, and Judge Wiley for his careful and thoughtful consideration of this matter,” Bragg said in a statement.
Hendry, who called the case “a travesty of justice,” said Provenzano threw a single punch to protect himself. Hendry said two security officers who were witnesses were never called to testify before the grand jury that indicted the cop.
Provenzano has been sidelined for a year after he was suspended without pay, Hendry said., He is currently on modified duty, according to the NYPD.
“”Unfortunately a lot of damage has been done,” Hendry said. “A good, hardworking cop has been sidelined for nearly a year, and police officers across this borough are wondering if their careers will also be derailed by baseless charges.”
With John Annese