A state Supreme Court justice has criticized Manhattan District Attorney Alvin Bragg for prosecuting two individuals accused of purchasing fraudulent COVID-19 vaccination cards more harshly than he does for people charged with far more severe offenses. Judge Brendan T. Lantry recently dropped the felony charges against J.O., a nursing student, and R.V., an employee of the city Department of Environmental Protection, who were among hundreds accused of purchasing fake vaccination cards from a New Jersey stripper, Jasmine Clifford.
The two individuals were among just 16 people that Bragg’s office “cherry-picked” to prosecute and charge with felony criminal possession of a forged instrument. Fourteen pleaded guilty to a misdemeanor, but J.O. and R.V. moved to dismiss the charges, prompting the DA’s office to contest the effort and sparking outrage from the jurist. Lantry stated that “Clearly, Criminal Possession of a Forged Instrument in the Second Degree (Penal Law § 170.25) is not among the most serious crimes in the New York Penal Law, nor are the factual allegations against Defendants R.V. and J.O. particularly serious in nature.
He further noted that “the factual allegations — that the Defendants purchased fake COVID-19 vaccination cards so that they could provide same to their employer (R.V.) and school (J.O.) — do not rise to the level of the majority of the crimes adjudicated in Supreme Court, New York County, namely homicide, sexual assault, drug sale, robbery, burglary, and other violent and non-violent serious felony offenses.” Lantry expressed his astonishment at how Bragg’s office routinely moves to dismiss significantly more serious counts or entire indictments in the interests of justice simply to negate the consequences of New York’s predicate felon sentencing statutes or avoid immigration consequences.
City Council Minority Leader Joseph Borelli commended Lantry for her decision, calling Bragg “a clown” and criticizing him for prosecuting a scared woman for purchasing a fake card, even though she didn’t use it, while letting violent offenders go. Borelli added that he was glad the judge called out Bragg for the world to see.
Bragg has been in the national spotlight after a jury found Trump guilty of 34 felony charges tied to a ‘hush money’ payment he made to adult film star Stormy Daniels ahead of the 2016 election. However, many legal experts have said that Trump committed no crimes and Bragg essentially manufactured the 34 counts, many of which had already expired under New York statutes of limitation.
During the trial, Trump visited a bodega in Harlem where the owner was initially charged by Bragg for murdering a black man who was assaulting him. While there, a mob of supporters shouted Trump’s name and offered stunning support. We’re going to come in. No. 1, you have to stop crime, and we’re going to let the police do their job,” Trump said at the time. They have to be given back their authority. They have to be able to do their job, and we’re going to come into New York.
