The Manhattan district attorney asked the judge to dismiss murder charges against Alba who said he was acting in self defense, the Daily News reported.
According to surveillance footage, a man named Austin Simon went behind the counter inside the Blue Moon Bodega on July 1 and began to attack the 61-year-old Alba.
Alba then stabbed Simon.
The confrontation began after Alba pulled a snack out of Simon’s daughter’s hand because Simon’s girlfriend was unable to purchase it since her Electronic Benefit Transfer card was not working, Fox News reported.
The girlfriend then shouted expletives at the Alba and said her boyfriend would be back to "f** you up."
A few moments later, Simon came into the store, went behind the counter, shoved Alba against a wall of shelving and grabbed him by the collar to lift him out of a chair and force him out of the employees-only area, prosecutors said.
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Jose Alba: 2022-07-11 Video shows gangster's girlfriend pulled knife from bag and stabbed NYC bodega worker, 61, as he defended himself in dispute over $3: Fury as store worker is charged with murder for stabbing assailant while woman walks away scot free
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Jose Alba: 2022-07-13 Bragg says he's 'absolutely' considering dropping murder charges against Jose Alba
Jose Alba: 2022-07-11 Video shows gangster's girlfriend pulled knife from bag and stabbed NYC bodega worker, 61, as he defended himself in dispute over $3: Fury as store worker is charged with murder for stabbing assailant while woman walks away scot free
Jose Alba: 2022-07-10 Mayor gives DA Bragg a pass for bodega worker murder charge