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NYPD used outdated form to jail person who should have been released, records show
By
Charles Lane
Published Apr 29, 2025
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By
Charles Lane
Published Apr 29, 2025
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The NYPD used an outdated, 11-year-old form to jail a person who should have been released with a court ticket, records obtained by Gothamist show.
The outdated paperwork predates 2020 reforms intended to reduce jailings — which can leave people detained for days — and gives officers several justifications for detention that are no longer supported by law. And while the NYPD wouldn't say how widespread the use of the outdated form is, policy analysts said its continued use could potentially explain why the NYPD issues far fewer tickets — and jails more low-level offenders — compared to other police departments in New York state.
The form, which dates back to 2013, offers a rare glimpse into how police decide whether to release low-level offenders with court summonses or jail them until their arraignments. A copy of the document, completed in February 2024, involved a person accused of obstructing government administration — a charge that can apply to resisting arrest or blocking traffic during a protest. It states the person was denied a ticket because the person lived out of state, which is not listed under the current law as a valid basis for denying a desk appearance ticket, or DAT.
The outdated form also lists other reasons for jailing someone that are no longer authorized under current New York law, including a “photographable offense,” marijuana possession, harassment, criminal trespass, unlawful eviction, resisting arrest, interfering with sporting events and owing a DNA sample.
An NYPD spokesperson confirmed only that the form should have been revoked after being phased out in 2020 and a newer form is supposed to be used across all precincts. They did not explain why it was still in use as recently as 2024.
Krystal Rodriguez, policy director at the Data Collaborative for Justice at John Jay College, said the desk appearance ticket in the February 2024 case was denied for reasons not permitted under state law since it was changed in 2020.
"Those exceptions are pretty clear-cut in the statute," Rodriguez said. “This 2013 form does include reasons for which a DAT was denied, but those exceptions for denying the DAT don't line up with the exceptions listed in the statute.”
New York law requires police to issue tickets instead of making arrests for most low-level offenses, unless certain exemptions apply, under reforms passed by the state Legislature and signed by former Gov. Andrew Cuomo in 2019. When a person is accused of a misdemeanor such as protesting, shoplifting or drug possession, police are supposed to issue a desk appearance ticket ordering that person to appear in court at a later date.
The law spells out limited exemptions where police can jail people instead of issuing tickets. Officers can detain individuals who have open warrants, have previously missed court dates or are charged with domestic violence, sex crimes, hate crimes or weapons offenses on school grounds.
Additional exemptions cover cases where an order of protection might be issued, where an arrest could lead to driver's license revocation or where a person is experiencing mental distress. Officers can also hold someone charged with a second crime while awaiting court for a previous offense.
The NYPD issues desk appearance tickets at about half the rate of other police departments in New York state, according to court data. So far this year, the NYPD has issued tickets in 14% of eligible arrests, compared to 31% in other jurisdictions.
Michael Rempel, director of John Jay College's Data Collaborative for Justice, said the use of the outdated form may explain why the NYPD had such a low rate of issuing DATs when his team first researched the issue.
"Why is it that in New York City, they seem not to have increased the rate of DAT issuance?” he asked.
Looking at this one form, he said, “it's starting to re-raise the question and whether the reasons are good ones."
The discovery comes amid competing public safety priorities in New York City. Defense attorneys have called for an investigation into the NYPD's low rate of issuing desk appearance tickets, while some New Yorkers have called for tougher enforcement of quality-of-life crimes.
Mayor Eric Adams and his fourth police commissioner, Jessica Tisch, have seized on concerns about public disorder by cracking down on minor offenses.
Two people recently died in NYPD custody after being jailed for offenses that were eligible for tickets. Soso Ramishvili, 32, was found unconscious on March 21 after being arrested for allegedly stealing $213 worth of merchandise from a Home Depot.
A second man, a 43-year-old whose name has not been released, died at the Manhattan Criminal Courthouse on March 26 while in NYPD custody. Officials said he was initially arrested near Times Square for allegedly holding open a subway gate and asking for money. Police later charged him with drug possession.
Beyond these extreme examples, Rodriguez said, everyday New Yorkers accused of minor offenses can easily disappear into custody for overnight, or longer.
"They're not able to return to work that day,” she said. “They're not able to return to their families, to their homes.”
Tagged
new york city
public safety
Charles Lane
Charles is a Day-of reporter focused on breaking news and enterprise. He’s very friendly and can be reached at [email protected], or more securely on whatsapp/signal 631-295-6715
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Gothamist is funded by sponsors and member donations
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