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NEW YORK CITY — Defense attorneys are not only calling for two NYPD officers to be fired after body camera video showed them beating a man, shoving him to the ground and macing him, but lawyers are also calling for one of the officers to be charged with felony assault.The video, recorded on May 25, was released on Wednesday.Edda Ness is a Legal Aid Society attorney assigned to represent the man."It's unjustifiable what they did," Ness said. "They should have been fired immediately. This case should've never been prosecuted."Police confronted 30-year-old Joseph Troiano for taking up more than one seat in the mostly empty subway car, a crime that hasn't been prosecuted by Manhattan District Attorney Cy Vance's office since 2016.Troiano was charged by police with resisting arrest and other misdemeanor charges. But the district attorney's office added a felony assault charge after Vance's office determined that Troiano had injured one officer's hand in the encounter. That charge was when the video of the incident surfaced."After a thorough investigation, our prosecutor intended to offer the individual an Adjournment in Contemplation of Dismissal at his next court appearance," a spokesperson from Vance's office said in an e-mailed statement. "The District Attorney was provided with the available footage last night and determined that our office will advance the case for this purpose, dismiss the assault charge, and offer an adjournment in contemplation of dismissal for the remaining misdemeanor charge."The Legal Aid Society called for the officers' dismissal by name."[We're] calling for the two officers, Shimul Saha and Adonis Long, to be immediately fired," Ness said.Officers Adonis Long and Shimul Saha confronted Troiano around 12:30 a.m. on May 25. After Troiano was told to leave the train, he moved to another subway car. Police followed him."Step off the train," one of the officers said in the video. "You're holding up the train for everybody. Step off or I gotta drag you off."Troiano asked them how he was holding up the train, and he refused to get off. When Long reached out for Troiano's arm, the subway rider pushed Long's hand away."Don't touch me," Troiano said. "Don't touch me. Get off of me."Long then repeatedly punched Troiano in the face. The first punch caused Troiano's eyeglasses to fly off his face. Long and Saha pulled Toriano from the subway car, and he was thrown to the ground in the station.One officer pulled Troiano over to a wall while the other kicked his belongings off the train. Police told him to sit down, and then pepper-sprayed him in the face when he didn't immediately comply.Toriano turned to the wall and covered his eyes; he cried and took a few steps away from police, then fell to the ground where he continued to cry. Officers made him stand, but then told him again to get on the floor."Help me," Troiano said as he got down on the ground.Video shows that Troiano, face bloodied, struggled with police while on the floor. Officers pulled at his hair and held a hand on his neck. One of Troiano's shoes came off. He asked to be allowed to stand up."I'm having a panic attack, please," he said. "I'm sorry. Please, guys, you're killing me."Troiano was taken to a local hospital on a stretcher. He was charged by police with resisting arrest, obstruction of governmental administration and taking up more than one seat on the subway.Walter Signorelli, a retired NYPD inspector who's now an attorney who represents clients suing police, pointed out that Troiano first disobeyed an order from the officers, after which Long struck."It's always difficult to second guess an officer," Signorelli said. "The officer might have [first] said, 'You're under arrest,' which would have made everything clearer and more legal."Legal Aid is calling for prosecutors to charge Long with felony assault. Meanwhile, Ness said her client has had emotional challenges since the late May incident."It's a lot of trauma," Ness said.This story was originally published by James Ford on WPIX in New York City. 4069

Nitro is coming to a Starbucks near you.Every company-operated US Starbucks location will offer the nitrogen-infused cold brew coffee, which comes out of a tap, by the end of next year to meet customer demand, the company said on Thursday.The expansion is part of Starbucks' plan to sell more products next year — especially as Frappucino sales slip.Frappuccinos used to help drive sales for Starbucks. But in recent years, increasingly health-conscious customers have turned on the sugary blended beverages.Cold drinks like iced espresso, cold brew and Refresher juice drinks have driven more than 80% of Starbucks' beverage growth over the last two years, said Roz Brewer, chief operating officer for Starbucks, during the company's investor day presentation."As you know, our primary softness has been centered around Frappuccino," Brewer said on Thursday.Frappuccino drinkers tend to treat the drink as a one-off purchase, she noted. But customers are more loyal to cold brews and iced coffees. "These categories are more habitual and create more brand affinity," she said.The company is not moving away from Frappuccinos, Brewer noted. Starbucks is just offering new options for the blended drinks and expanding its cold drink portfolio.Starbucks started selling Nitro in its Roastery and Tasting Room in Seattle. The brew was such a hit that Starbucks expanded it to 500 Starbucks stores later that year.Right now, 2,500 out of 8,500 US company-operated stores serve Nitro cold brew. The expansion is "pretty substantial for us," Brewer told CNN Business.Nitro-serving taps will be added to all Starbucks stores, Brewer added. "That equipment is coming in around the country now."Brewer said she especially likes how Nitro looks when it's being poured into a glass. That "little bit of theater," she said, adds a visual element to the drink.The company also plans to expand its blended coffee offerings next year."We've got some new things coming ... that will allow us to use Nitro technology plus cold foam," Brewer said. Starbucks introduced cold foam, which tops some of the company's iced drinks, this year. To improve sales at Starbucks (SBUX) stores, the company is also investing in developing digital relationships with customers and making its stores more efficient to allow baristas to spend more time with customers.The company also plans to expand its partnership with Uber Eats to nearly a quarter of company-operated US stores early next year. The Starbucks Delivers pilot program ran in Miami this year. And it's continuing its aggressive Chinese growth strategy with a new virtual store, which allows customers to buy Starbucks gift cards and order merchandise through an integrated app. 2718

New heart health research found that taking a low-dose daily aspirin to cut chances of a heart attack or stroke may have risks that outweigh the benefits.The latest studies revealed the effects of the blood-thinning, anti-inflammatory drug on patients, who did not yet develop heart disease or other heart-related issues but were at moderate risk.Research found aspirin does help patients with diabetes, who are at higher risk to develop or die from heart problems. However, the risk of serious bleeding far outweighed the benefit of taking the drug.The study found aspirin was not effective in preventing heart attacks or strokes for moderate risk patients, because they had other health issues, including high blood pressure, high cholesterol and smoking.Doctors also cautioned using fish oil supplements, instead of aspirin, would have similar disappointing results. Instead, health professionals suggest eating fish to improve your heart’s health.Fish oil may be more beneficial for people who have already suffered a heart attack. 1043

NEW YORK (AP) — President Donald Trump's niece has followed up her best selling tell-all book with a lawsuit alleging that Trump and two of his siblings cheated her out of tens of millions of dollars.The lawsuit in Manhattan State Supreme Court Thursday sought unspecified compensatory and punitive damages.It alleges that Trump conspired with a sister and a brother to portray themselves to Mary Trump as protectors while they instead took her share of minority interests in the family business."Fraud was not just the family business, it was a way of life," the court documents stated.Mary Trump inherited the interests when her father, Fred Trump Jr., died in 1981."Rather than protect Mary’s interests, they designed and carried out a complex scheme to siphon funds away from her interests, conceal their grift, and deceive her about the true value of what she had inherited," the lawsuit stated.Messages seeking comment were left with the Justice Department, lawyers for Trump, his sister, and a lawyer for his late brother.At a briefing, White House spokesperson Kayleigh McEnany rejected the lawsuit's claims.Mary is seeking more than 0,000 in compensatory damages as well as punitive damages.You can read the full lawsuit below: Trump's niece files suit saying family cheated her of millions by Sarah Dewberry on Scribd 1340

NeNe Leakes will not return to the Real Housewives of Atlanta next season. The reality show star and actress made the announcement Thursday.“I have been on an extremely, extremely long, exhausting, tiring, emotional negotiation,” Leakes said in a video posted to YouTube announcing her decision.“It wasn’t an easy decision for me. It was hard,” Leakes said, visibly emotional.She joined the Real Housewives of Atlanta in 2008, “We took off like a rocket,” she recalls.Leakes ends the massage promising to see fans again “real soon.”In a statement to People Magazine, a Bravo rep said, "We wish Nene all the best in her future endeavors and thank her for sharing her journey for over a decade with the fans of The Real Housewives of Atlanta. She's been instrumental since the start and will truly be missed, and maybe one day she'll hold the peach again."There have been rumors all year Leakes may leave the show which airs on Bravo. During the latest season, she had on-screen feuds with many of the cast members.Leakes stepped away from the show for a few years to focus on television roles at the time, including on Glee, The New Normal and others.Earlier this summer, Eva Marcille announced she was not returning to the show. 1236