Noach Dear Booted from Brooklyn Criminal Court for Solitary Ruling


noach-dearNew York – Judge Noach Dear has been booted from Brooklyn Criminal Court a month after his 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, an ex-city councilman elected to the bench in 2007 and relegated to hearing debt disputes in recent years, had volunteered to take criminal cases on the weekends.

The state acknowledged that Dear’s part-time gig was over.

“The judge was, in fact, volunteering on the weekends because of a resource shortage, but at this point his services are no longer needed,” said courts spokesman David Bookstaver.

Dear’s ruling nullified a 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.

Legal experts slammed Dear’s ruling for going well beyond the scope of a judge’s authority.

“He’s legislating from the bench,” said legal analyst Arthur Aidala. “He’s saying we’re not going to enforce the law even though people of color violate the law. That’s ludicrous.”

Dear spent 18 years as a Democratic city councilman before being term-limited out in 2001.

In 2003, after two years as TLC commissioner, he tried to run again for City Council.

{NY Post}

{ Newscenter}


  1. I owe Reb Noach Dear big time Hakoras HaTov.
    I few years ago I used a yellow cab to travel from LaGuardia airport to my yeshiva. I put my wheelie with my Tefillin inside in the cabs trunk. When I got out & paid, before I could retrieve my wheelie, the cab sped off with my Tefillin in his trunk.
    Someone directed me to contact Noach Deear.
    He told me that he was the city commissioner for the yellow cabs.
    He took out all his time for me, I had to describe for him the route the cab took, till he stopped me when I told him we went through a certain bridge. “Did he go through the EZ pass lane?” he asked me. No, i told him, he paid cash. “If that is the case, I’ll get your Tefillin. He is not supposed to pay cash when he drives for business.I’ll order the surveillance video from the cash lane. No Yellow cab will have used it around the time you crossed the bridge & hopefully we’ll locate the cab”.
    And within a few hours, due to Reb Noach Dears efforts I got my Tefillin back.
    Thank you again, Reb Noach!

  2. I completely agree with Judge Noach Dear’s decision regarding drinking in public. I believe it is impossible to “sniff” the difference between a non alcoholic beer and a regular one. I am a retired NYPD Captain and would side with the judge.