


A New York judge with a history of going easy on criminals has come under fire for cutting a gangbanger a break in an attempted murder case — leaving him free to allegedly open fire near a school this week, wounding two teenagers.
Brooklyn Supreme Court Justice Matthew Sciarrino ignored prosecutors’ request to keep career criminal Ousmane Diallo behind bars without bail in a Crown Heights shooting in August, and instead set bail in the case.
Diallo, 21, was able to make the $500,000 bond — meaning he was out on the street Tuesday when authorities said he wounded a pair of teens in Sunset Park in what cops called a gang-related shooting.
“The essence of it is that this guy shouldn’t have been let go,” one source told The Post this week.
“There was no good reason to set bail and allow him to be back on the streets,” another source who is familiar with the case said, adding, “This is not the first time that this judge reduced bail conditions.”
Sciarrino’s other controversial decisions from behind the bench include setting bail in a fatal hit-and-run case announced by the Brooklyn District Attorney’s Office on Thursday and cutting a break to a career criminal arrested five times in a little over a year.
In the Diallo case, Sciarrino sided with the defense’s argument that Diallo — who police believe is a reputed member of the Insane Gangsta Crips street gang — shouldn’t be locked up without bail in the Jan. 27, 2022 shooting of two rival gang members in Crown Heights.
Diallo had initially been remanded into custody by another judge after he was charged last year with attempted murder, conspiracy and gun possession charges, records show.
The case came before Sciarrino on Aug. 25 after Diallo was indicted by a Brooklyn grand jury — and his defense lawyer argued bail should be set, stressing his client would return to court, according to a transcript of the hearing.
Prosecutors asked that Diallo remain locked up, citing his prior scrapes with the law — including as a juvenile — and the seriousness of the allegations. Diallo allegedly opened fire “where multiple people are outside going to work, children being brought to school,” Assistant District Attorney Daniel Stern told the judge.
“And I shall say, he does not stop firing until he actually hits the victims,” Stern added.
But Sciarrino instead set bail, with Diallo’s friends and neighbors able to raise enough for a $500,000 bond to have the accused gunman released while the case is pending. Records show that three individuals raised the $50,000 needed to secure the bond.
On Tuesday, police said Diallo was at it again — he allegedly spotted two other rival gang members across the street from PS 371 Lillian L. Rashkis High School in Sunset Park and opened fire, wounding both of his intended targets.

NYPD Chief of Detectives James Essig described Diallo as “a very well-known perp to us” in a briefing after the new shooting. He said the two victims were reputed members of the Only the Field gang, a reference to Ebbets Field Houses, a rival of Diallo’s Crips crew.
“The judge is lucky that the two people shot the other day were not seriously injured because Diallo should not have been out on the streets,” a Brooklyn cop said.
“This is not the first time this judge has let criminals out to commit another crime.”
Diallo’s lawyer, Michael Chessa declined to comment Thursday.
A spokesman for the state Office of Court Administration defended the judge’s bail decision in August, saying it was hardly lenient — and noted that judges are required by law to opt for the “least restrictive means” to ensure a defendant returns to court.
“Least restrictive in a New York State bail statute means exactly that,” OCA rep Lucian Chalfen said in a statement Thursday. “And for anyone who thinks a $500,000 bond with electronic monitoring and keeping the case in Supreme Criminal Court and not the Youth Part, as we requested, is of little significance is not living in 2023.”

But Sciarrino made another eyebrow-raising decision in a case announced Thursday — allowing a man accused in a fatal hit and run to be released without bail.
Daniel Buckley, 67, is accused of making an illegal turn in his truck on Nov. 28 and striking Lehha Kohn, a 59-year-old pedestrian — and driving off, leaving her mortally injured in the crosswalk. Brooklyn prosecutors had asked that Buckley be held on $100,000 bail when he was arraigned on manslaughter and reckless endangerment charges. He’s due back in court in May.
Sciarrino has also gone easy — repeatedly — on Tevin Lawrence, a 21-year-old career criminal who was busted at least five times between August 2021 and November 2022.
In the first case, Lawrence was charged with burglary and was released without bail by Sciarrino at his arraignment — only to get busted again in January 2022 for assault for allegedly dragging a cop with a car, according to sources and records.
Lawrence was initially remanded into custody, but Sciarrino then set bail at $100,000, which he made.
In October, Lawrence was allegedly nabbed with a stolen car and was again released by Sciarrino, this time without bail. He was arrested again the following month in another stolen car case and at first locked up pending trial — until Sciarrino got the case and set bail at $10,000, which Lawrence made.

“This is a guy who keeps committing crimes,” one source said. “He keeps getting either remanded or low bail, and then every time Sciarrino gets the case, he releases him.”
The Legal Aid Society, which represents Lawrence, did not respond to a request for comment on the cases Thursday.
Sciarrino himself once expressed regrets over his own habitual leniency.
In a 2018 case, the judge opted to cut theft suspect Zakiyyah Steward, 25, a break by sentencing her to a rehab program instead of jail, Israel National News reported.
Steward was later charged with killing Yisroel Levin and his fiancé, Elisheva Kaplan, in a fiery crash in April 2018, according to the outlet.
“I’ll take the blame for giving her too many chances,” Sciarrino said of Steward.
Additional reporting by Larry Celona and Tina Moore