NYPD cop acquitted on assault charge after caught-on-camera clash with unruly Apple Store customer

An NYPD officer accused of punching an unruly man at an Upper West Side Apple Store three years ago has been cleared of the charges, police union officials announced Thursday.

Manhattan prosecutors had charged Officer Salvatore Provenzano with third-degree assault for hitting the man as Provenzano tried to force him out of the store at 1981 Broadway during a confrontation caught on video in October 2021.

In a statement, PBA President Patrick Hendry said Provenzano was “simply doing his job” in protecting the public from a repeat offender – as the union boss lashed out at Manhattan District Attorney Alvin Bragg, for even indicting him in the first place.

“We are grateful that the court recognized this reality and acquitted him, but unfortunately a lot of damage has been done,” Hendry said. “A good, hard-working cop has been sidelined for nearly a year, and police officers in this precinct are wondering if their careers will also be jeopardized by baseless accusations.

“Manhattan prosecutors must stop wasting time and resources targeting cops for crazy reasons and start working with us to solve real public safety problems. »

Prosecutors had proposed dismissing the second-degree harassment charge, which would have allowed the officer to avoid prison and have no criminal record.

But Provenazno — a 17-year veteran of the force — rejected the deal, pleaded not guilty and took his chances with a trial before a judge.

“My client is pleased that the judge saw through it and realized that this was not an assault case at all – it was simply an officer defending himself against what he thought was an assault. aggressive action on the part of the individual he was dealing with,” said Stu London, Provenzano’s defense. lawyer, told the Post on Thursday.

“This was a very minor matter that, unfortunately, the Manhattan DA’s office turned into much more than ever before,” he continued, adding that the man Provenzano fought with did not was not injured by the punch.

“I just wonder why the Manhattan DA even brought this case in the first place.”

But despite the acquittal, Acting Manhattan Supreme Court Justice Maxwell Wiley told the court that prosecutors were not wrong to bring the case, according to the Manhattan District Attorney’s Office.

“We work closely with the New York Police Department every day and I have tremendous respect for the officers in uniform,” District Attorney Alvin Bragg said in a statement. “I thank our prosecutors for their hard work and Judge Wiley for his careful and thoughtful review of this case.”

Provenzano allegedly punched the man during the body camera confrontation after he tried to move away from the officer during a struggle.

The man was also the subject of a complaint that day, but the case has since been closed.

Bragg’s office convened a grand jury, which then indicted Provenzano on a charge of third-degree assault, punishable by up to a year in prison.

Prosecutors proposed reducing the charges because Provenzano only fired one shot, the victim did not suffer serious injuries and the officer had no history of violence.

But the officer brushed aside this information.

“My client truly believed he was about to be punched – and there was only one punch,” London told the court last July.

London also claimed that the alleged victim had previously attacked store security and was barred from at least one other Apple Store.

“All this officer did was attempt to escort (the man) from the scene,” London added during a press conference outside the courthouse.

“As he puts his hand on his elbow to make him leave, (the man) immediately throws his arm back and tenses his body, and this officer reasonably thought he was going to be struck, and he strikes him once , and he falls without any injury.