Judge Noach Dear Will Stop Hearing Criminal Cases

NYP Reports: Judge Noach Dear has been booted from Brooklyn Criminal Court a month after  his bizarre ruling barred police from ticketing public drinkers unless cops  lab-tested their booze. The ouster comes amid outrage over his June 14 decision, which dismissed a  case against a Brooklyn man, Julio Figueroa, who admitted he was sipping a beer  on the street. The judge concluded that enforcement of laws on drinking in public is  racially biased.

Dear, 59, a scandal-scarred ex-city councilman elected to the bench in 2007  and relegated to hearing low-level debt disputes in recent years, had  volunteered to take criminal cases on the weekends in a bid to get promoted,  courthouse insiders said.

Dear’s ruling nullified a long-accepted police practice — sniffing a  suspect’s beverage — and meant police would be required to conduct a chemical  analysis to make their cases stick.

Open-container summonses are a widely used policing tool, resulting in more  than 12,000 arrests for other crimes in 2011, by one police supervisor’s  estimate. Cops wrote 124,498 drinking tickets during the year.

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07/22/2012 11:03 AM by JPUpdates Staff

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