Judge’s bail decision questioned as 'Burberry Bandit' strikes again in New York

A New York City judge’s decision to release a repeat bank robber on supervised release has drawn criticism after the same suspect was arrested for five additional heists in a span of weeks, renewing questions about bail practices and public safety.

Cornell Neilly, 35, known to police and prosecutors as the Burberry Bandit for wearing plaid during a string of robberies dating back to 2012, was arrested Monday on five counts of felony robbery in connection with a fresh string of bank heists. Between Aug. 16 and Sept. 13, he allegedly robbed five Chase Bank branches from Midtown Manhattan to the West Village, using notes that demanded cash and leaving with small sums in each incident. Surveillance video depicted him in a black baseball cap and hoodie on at least one occasion, and in a Baltimore Orioles cap and white T-shirt on another.

The arrests followed a months-long pattern of similarly styled heists that have stretched from Harlem to Battery Park and netted him more than $8,500 across 14 suspected incidents since 2012, police sources said. In this latest wave, the robber targeted two Midtown Manhattan branches, a West Village location, and a Chelsea bank, repeatedly presenting a note to tellers rather than drawing a weapon. In one instance, a note demanded $4,500; in another, $3,500; and in a third, an amount around $3,500 with the phrase, “This is a robbery. I want all large bills. Now. This is real.” The teller alarms were triggered in several cases, and in at least one instance Neilly fled after the alarm sounded.

The court case that has become the focal point of scrutiny involved Judge Jeffrey Gershuny, a 2019 appointee of former Mayor Bill de Blasio. Prosecutors requested $50,000 in cash bail or a $150,000 bond, but Gershuny instead released Neilly on supervised release. The move comes despite Neilly’s parole status and a record of 34 prior bank robbery arrests, according to police and court documents. Critics questioned whether the judge should have presided over a felony bank robbery case at all, given a prior incident in which Gershuny pulled out a handgun during a Brooklyn court hearing and used a bench demonstration to challenge an officer’s method of proving a suspect was carrying a weapon.

“The fact that the bail was declined by this judge is negligent on the judge’s part,” a police source told The Post, speaking on condition of anonymity. “It shows a real lack of care for public safety. At what point does he keep getting out and get desperate and bring a gun to a robbery instead of a note and kill somebody?” The Post reported the judge had been relegated to misdemeanor cases after that incident and had his authority limited, a detail confirmed by state court administration officials who did not comment on individual cases.

Cornell Neilly’s return to crime continued a long arc: the Burberry Bandit first earned his nickname in 2012 when he wore plaid attire during robberies that stretched from Harlem to Battery Park. He later pleaded guilty in 2021 to a bank robbery charge that netted him $7,600 and received a 26-month prison term followed by five years of supervised release. He was released into federal probation in 2021 and was on supervised release when the latest charges were filed.

The U.S. Attorney’s Office and the New York State Department of Corrections records show Neilly was on federal probation until May 6, 2027. The state charges filed in connection with the most recent incidents indicate the crimes involved no weapon and cash taken were under $2,000 in some cases, which is why state charges were pursued rather than federal bank robbery charges.

The Timeframe and the Court’s response have set off partisanship over bail reform as a policy issue, with some law-enforcement officials arguing that bail decisions should more aggressively deter repeat offenders who appear to continue to re-offend. A veteran police source with more than 20 years on the job described Gershuny as soft on crime and said he should be removed from the bench for such decisions. The NYS Office of Court Administration did not respond to requests for comment on the judge’s handling of the case or his eligibility to preside over a felony bank robbery.

Neilly was arrested Monday at his grandmother’s apartment on the Upper West Side after being identified in surveillance footage and by tips from officers. He faces five counts of felony robbery and remains jailed on the new charges, with state prosecutors pursuing additional charges related to the five incidents.

Beyond the bank robberies, Neilly has faced other legal trouble. A May 23 stop led to the discovery of 40 OxyContin pills, seven bags of crack cocaine, and a bag of speed on him, according to a criminal complaint from the city’s Special Narcotics Prosecutors Office. Earlier, on Jan. 8, he had been arrested for selling cocaine to undercover officers multiple times. His public defender did not respond to a request for comment.

The case adds to a broader national debate over the effectiveness and consequences of bail policies, especially when repeat offenders appear to reenter the crime stream after releases. Advocates for bail reform emphasize the importance of considering public safety alongside the risk of flight, while critics argue that certain decisions undermine law enforcement efforts and public trust. In New York, the ongoing discussion has prompted officials to revisit guidelines for bail and releases, particularly as prosecutors call for higher pre-trial restraints in cases involving serial offenses and parolees.