that is what the appeals panel unanimously ruled. that judge shine line made public comments in opposition to it and ruled it avyings laugh 4th and 14th amendment rights for equal protection, a charge kelly denies. >> new york has never been safer. certainly as far as murders and shootings concerned. we're at record lows. we're at record low numbers of murders. something is working here. something is saving people's lives. as we said many times, the lives that are being saved, largely are lives of young men of color because that is who historically have been shot on the streets of the city. >> reporter: by the way the commissioner says at its peak each patrol officer was stopping on average less than one person per week. gregg. gregg: there is mayoral election in new york city next week. could this play a role? >> reporter: it might. bill deblasio, democratic candidate and front-runner is extremely disappointed with the decision.