UPD Enforce New Choking Law After Domestic Violent Incident

Utica, NY (WIBX) - Utica police say they applied a tougher strangulation law when they charged a man for a domestic dispute incident. Last year, (November 11, 2010) former governor David Paterson signed the domestic violence bill into law, effectively making the act of choking or strangulating a person, a Misdemeanor or Felony offense.

According to officials, the new law is aimed at domestic abuse situations where allegations of strangulation commonly occur. "The new law provides that a person is guilty of strangulation when they cause the 'criminal obstruction of breathing or blood circulation' and cause either physical injury or serious physical injury as those terms are defined by the New York Penal Code," said Michael J. Paleudis with Paleudis Law Firm.

Yesterday, local law enforcement officials say they arrested 30 year old Almonzo Davis of Utica, and charged him with "Criminal Obstruction of Breathing or Blood Circulation" for allegedly grabbing his ex-girlfriend by the neck with both hands, and choking her. Police say the victim complained of having to grasp for air after falling to the floor. Davis will face the tougher misdemeanor penalty he was charged with at Utica City Court at a later date.