In recent years, crime has increased in both New York City and the state of New York. Less than half of New Yorkers reported feeling comfortable utilizing the subway in 2023,
Indicating that the overall quality of life has declined as violent crime has increased. Bragg and other liberal prosecutors have come under fire for their “soft-on-crime” stances,
Which include not bringing charges against repeat offenders. Before the confrontation in the subway, Jordan Neely had been arrested forty-two times.
The fact that Penny was white and Neely was black, according to pundits, contributed to Bragg’s office charging the veteran.
Penny’s defense team informed the court that demonstrators were threatening the jurors in a covert manner and asked for a mistrial.
The request was refused by the judge. In an interview with Law&Crime Network in June 2023, Penny shared his thoughts on the event.