Manhattan District Attorney Alvin Bragg filed a motion to dismiss murder charges against Jose Alba, a Harlem bodega worker who fatally stabbed a man after he jumped behind the counter and allegedly attacked Alba.

The charges were dropped after a noon court hearing Tuesday.

“Following an investigation, the People have determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force,” Assistant District Attorney Jennifer Sigall wrote in the motion.

The incident, which took place on July 1, resulted in the death of Austin Simon, 35, who police say jumped behind the counter and shoved Alba into a wall after an argument took place between Alba and Simon’ girlfriend over payment for a purchase.

Simon confronted Alba because “he believed that Alba had harshly treated the ten-year-old daughter” of his girlfriend and grabbed a snack out of the daughter’s hand when her mother’s Electronic Benefit Transfer card malfunctioned," Sigall wrote.

Prosecutors also obtained additional surveillance video not released by the public and unreleased audio that helped give them a clearer picture of how the incident unfolded, according to the motion. Alba grabbed the snack from the girl with both hands, making contact with the 10-year-old’s hand, prosecutors said.

“When Simon’s girlfriend saw Alba grab the food from her daughter’s hand, she returned to the counter, yelled at Alba, knocked food off the counter, and left while repeatedly shouting” her boyfriend was going to come to the store and fight Alba, Sigall wrote.

Simon entered the store and charged Alba behind the counter, according to the district attorney’s office, and said he wanted the bodega worker to apologize to the 10-year-old.

“I don’t want a problem, papa,” Alba could be heard saying in surveillance video, according to the motion.

“With Simon holding him by the collar and forcibly pushing him out, Alba grabbed a knife from a shelf beside the counter and repeatedly stabbed Simon as they struggled,” Sigall wrote.

Alba ultimately stabbed Simon six times, prosecutors said. Between the time Simon entered the store and when he hit the ground after the stabbings, only 30 seconds had passed, Sigall wrote.

According to the motion to dismiss charges, prosecutors did not believe they had enough evidence to prove murder charges beyond a reasonable doubt in a trial, adding Alba had a strong case for “justifiable and not criminal” use of deadly force.

Possible justifications the prosecutors believed Alba’s defense team would use include the bodega worker “reasonably believed Simon was about to use deadly physical force against him” and that he “reasonably believed Simon” unlawfully trespassed in the bodega with the intent to commit a crime. Sigall also cited the height and age difference — Alba was 61 and 5’7, while Simon was 35 and 6’ — as evidence the defense could use to show the danger Alba felt he was in.​

Bragg faced weeks of mounting pressure to dismiss the second-degree murder charges from leaders in the bodega business community, as well as Mayor Eric Adams.

“It’s like a trauma,” said Francisco Marte, president of a bodega association, on Tuesday after the charges were dropped. “If you see Jose, he's not a violent guy so this problem is effecting him. We need now to provide him with professional help."

Simon’s cousin, Candra Simon, believes her relative has been treated as less than human by everyone involved in this case.

“Two people drew weapons, and the one that’s didn't draw weapons is dead,” said Candra Simon, who noted her cousin's criminal record was brought up by defenders of Alba's. “It’s really sad that people feel like it's ok that it should have happened that way because he had a past. That’s not ok."

Speaking with reporters after an unrelated news conference in Manhattan, Adams lauded the DA for the decision to drop the charges.

“They did a thorough investigation, and they made a determination of, my understanding, the charges were dropped. And this happens sometimes in cases. The preliminary arrest after review, decisions are made, and so I think this case, we had an innocent hardworking New Yorker that was doing his job, and someone was extremely aggressive towards him, and I believe after the DA’s review, the DA in my opinion made the right decision,” Adams said.

Simon’s family members say they believe the mayor was wrong to get involved and express his support for the store worker in this controversial case.

“I think Mayor Adams is making it harder for the people in the district attorneys office because now this is going to be used to justify violence it’s okay to kill someone when you have a disagreement with them," said Candra Simon.

"He was correct in how he defended himself," Marte argued. "It was self-defense. He was attacked."

Alba was not expected to attend the Tuesday court appearance in Manhattan, according to Doug Cohen, the Manhattan DA’s press secretary.

Editor's Note: A previous version of this story misstated Austin Simon's name.