The incident was posted on YouTube and spread quickly over the internet.
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The lawyer for one of the women, teacher's aide Kaylee Dedrick, is urging prosecutors to bring criminal charges against Bologna.
Bologna may choose to appeal the decision. The union had said the officer's actions were done out of a concern for the safety of officers and the of the public.
The NYPD had said the pepper spray was used properly against people trying to interfere with police attempting to disperse a crowd.
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