That being said it looks like they have since changed their mind. According to reports, it seems that the DOJ has withdrawn their request to have Apple unlock the iPhone in the New York case. This is according to a recently obtained motion which revealed that the DOJ was given the passcode to the phone in which they then managed to proceed to unlock it themselves.
The motion to withdraw reads, “Yesterday evening, an individual provided the passcode to the iPhone at issue in this case. Late last night, the government used that passcode by hand and gained access to the iPhone. Accordingly, the government no longer needs Apple’s assistance to unlock the iPhone, and withdraws its application.”
It is unclear as to who the individual is, as it could be someone related to the case, or in the case of the San Bernardino iPhone, for all we know the DOJ could have paid hackers to figure out the passcode to this iPhone. In any case whatever it is, the DOJ no longer needs Apple’s help.