Jury selection kicked off Friday in Bronx Supreme Court for NYPD Officer Omar Habib, a case that is putting both one patrol cop and New York City’s chokehold rules under a bright courtroom spotlight. Habib is accused of putting a man in an illegal chokehold during a July 29, 2023 arrest at a catering hall on Eastchester Road, and prosecutors say he is the first Bronx officer to be prosecuted under the city’s 2020 chokehold ban. He is charged with second-degree strangulation and related offenses, and the trial is being closely watched as a test of New York City’s post-George Floyd restrictions on police restraints.
Jury selection and opening day
On day one, prospective jurors were peppered with questions as lawyers tried to find out who might be willing to sit through sometimes graphic body-worn camera footage and arguments about police tactics. Prosecutors signaled they plan to lean heavily on those recordings to lay out their version of what happened inside the catering hall, and video excerpts were played in court as the process got underway. Habib has pleaded not guilty. As Gothamist reported, attorneys for both sides are already clashing over what jurors will be allowed to see and hear.
What prosecutors allege
In a press release announcing the indictment, the Bronx District Attorney’s Office says Habib allegedly placed an intoxicated, disorderly man in a chokehold so tight it “impeded the man’s breathing and circulation,” causing a temporary loss of consciousness. According to the office, the indictment charges second-degree strangulation, second-degree criminal obstruction of breathing or blood circulation, third-degree assault and unlawful methods of restraint, and the case is being handled by the Public Integrity Bureau. The DA’s office also emphasized that this is the first Bronx indictment brought under Administrative Code §10-181, the city’s 2020 unlawful-restraint law, the Bronx District Attorney's Office said.
Body camera excerpts and defense pushback
Prosecutors say officers’ body cameras captured the encounter as Habib and other NYPD members tried to take the man into custody. In one recording, Habib appears to say, “what’d you do, bro?” and “I’m done,” shortly after the restraint, according to court filings and reporting. The prosecution contends the footage shows the arrestee losing consciousness and officers leaving the scene while Habib’s camera kept rolling. His lawyers have argued in pretrial filings and in court that some of his statements should be thrown out as involuntary and that his actions were lawful under the circumstances. As Gothamist has noted, those evidentiary fights are central to what the jury will ultimately be allowed to weigh.
Officer’s personnel record
Habib comes into the case with a substantial disciplinary file, according to earlier reporting and public records that have already fueled public interest. Watchdog data show multiple civilian complaints dating back years, including a 2017 incident in which a chokehold allegation was substantiated and led to probation and the loss of vacation days. In all, watchdog records list seven complaints, with several substantiated findings. Those internal files and prior news coverage have become a flashpoint as prosecutors and defense attorneys jockey over credibility issues and whether any pattern evidence will matter to jurors. ProPublica and reporting reprinted at THE CITY reviewed those records.
Legal stakes
On paper, the potential penalties are serious. Strangulation in the second degree is a class D felony under New York law, which can carry an indeterminate sentence with a maximum of up to seven years in state prison. The city’s 2020 unlawful-restraint law, Administrative Code §10-181, is a misdemeanor that is punishable by up to one year in jail and a $2,500 fine. That means jurors and the judge will be asked to apply both state and local standards to the same set of facts. Taken together, the statutes make the Habib prosecution an early pairing of a state felony strangulation charge with enforcement of a high-profile City Council chokehold ban that emerged from nationwide calls for tighter limits on police restraints. The statutory language is available in the New York Penal Law and in the New York City Council’s 2020 reform package.
What’s next
The Bronx District Attorney’s calendar lists Habib’s case for trial proceedings this year, and the pace of the trial will be dictated by how quickly the court resolves those evidence fights and seats a jury. Because the indictment wraps together a state felony and the city’s restraint ban, both sides are expected to spend the coming weeks battling over what testimony and which recordings make the cut. The outcome will not only decide Habib’s fate, it could influence how aggressively prosecutors use the 2020 chokehold law in future cases and whether other restraint allegations move from internal discipline into criminal courtrooms. The DA’s public calendar, which is available online from the Bronx District Attorney’s Office, lists Habib among the office’s cases of interest in recent court weeks.
