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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