NYPD Officer Convicted in First Trial Under Post-Floyd Chokehold Law

A New York City police officer has been found guilty of felony strangulation and other charges in the first prosecution under a local law banning chokeholds, a measure enacted after the killing of George Floyd. Omar Habib, who has since been dismissed from the NYPD, was convicted on Thursday in a Bronx courtroom.

The charges stem from an incident in 2023, when Habib responded to a 911 call at a Bronx catering hall. According to Bronx District Attorney Darcel Clark, a drunk and disorderly man resisted arrest, and Habib applied a chokehold so tight that it impeded the man's breathing and circulation, causing him to lose consciousness.

Habib was found guilty of a misdemeanor under the 2020 city law, which makes it a crime for officers to use chokeholds or to sit, kneel, or stand on a person's torso during an arrest. He was also convicted of felony strangulation and misdemeanor assault. He faces up to seven years in prison. Justice Cynthia Isales of Bronx Criminal Supreme Court ordered him held without bail.

During the trial, defense attorney Jacob Z. Weinstein argued that factors other than the chokehold—such as the man's drinking and lack of food—could have caused him to pass out. Patrick Hendry, president of a New York police union, characterized the verdict as evidence that officers face criminal prosecution risk on the job and that "anti-police propaganda" makes fair trials difficult.

The 2020 law was challenged by police unions but upheld by New York state's highest court in 2023. While NYPD regulations had already banned chokeholds in most cases, officers were rarely prosecuted for using them. The case is notable as the first conviction under the new statute, which was passed in the wake of Floyd's death.

Habib, who joined the department in 2007, had a prior disciplinary record. He was cited for using a chokehold in 2017 and had substantiated complaints of excessive force and abuse of authority. He was also accused of lying under oath and tampering with evidence in a 2016 gun raid, which led several defendants to withdraw their guilty pleas. The case echoes the 2014 death of Eric Garner, whose arrest involved a prohibited chokehold; the officer involved lost his job but faced no criminal charges.