Man gets 90-day sentence for antisemitic assault in NYC; attacker's demeanor draws criticism

Yehia Amin received a 90-day jail sentence Tuesday for a hate-crime assault on an Israeli tourist in Times Square, a penalty that drew sharp criticism from observers who noted the defendant's seemingly unrepentant demeanor. Amin had pleaded guilty in March to third-degree assault as a hate crime.

Prosecutors stated that on October 18, 2023, Amin followed a 23-year-old Israeli tourist and four companions, all wearing kippahs, for several minutes while uttering antisemitic threats, including "Hamas should kill more of you," "may Allah kill all the Jews," and "all Jews should die." When the group attempted to leave, Amin ran up behind the tourist and punched him in the back of the head.

During the sentencing hearing, Amin smiled and reportedly made a gesture that court observers interpreted as a "victory sign." When questioned by Judge Althea Drysdale about his smiling, Amin, through an interpreter, said he wanted to look good for photographs. This behavior struck some as particularly jarring given the seriousness of the offense and the impending jail time.

Glenn Richter, founder of the New York Jewish Community Judicial Watch Group, told JNS that he did not view Amin's gesture as a peace sign, but rather a "V for victory," suggesting Amin might have seen the plea agreement, which reduced the charges from an original seven to one, as a win. Richter also noted that Amin had not exhibited such behavior in prior court appearances.

"What kind of guy grins at this very, very, very tough judge Althea Drysdale as she’s sentencing him to prison time?" Richter asked, adding that the smile "could have been a smirk of satisfaction. You know, ‘I only got 90 days.’"

Members of Richter's group expressed concern over the leniency of the plea agreement, citing it as an example of perceived imbalance in the Manhattan District Attorney's office. Serena Smulansky, another court-watch participant, stated that Amin had appeared in court 22 times with numerous excuses and appeared "completely unrepentant."

Smulansky recounted an earlier incident where Amin allegedly behaved threateningly toward her in a courthouse hallway, which she reported to the assistant district attorney handling the case but received no follow-up. She contrasted Amin's treatment with that of another individual accused of antisemitic acts, suggesting a disparity in how cases are prosecuted.

Richter also characterized the 90-day sentence as a "slap on the wrist" and a consequence of prosecutors' limited time and resources for taking cases to trial. However, Brian Chenensky, another observer, viewed the sentencing as a "miracle" given the state of New York City's justice system, emphasizing that Amin would still serve 90 days in jail.

Amin originally faced seven charges stemming from the Oct. 18, 2023, incident, but ultimately pleaded guilty to third-degree assault as a hate crime under a plea agreement with the Manhattan District Attorney’s Office. Richter noted that Amin arrived late to his sentencing hearing, requiring an Arabic interpreter to be located, which delayed the proceedings until the end of the day.