The Defendant, charged with Murder, was in Court on October 17, 2008 wherein the District Attorney dismissed Two Counts of Murder (Intentional Murder and Depraved Indifference Murder) against him.
The case, as reported in the New York Daily News, on Saturday, December 3, 2005, alleged that the Defendant shot and killed another, a Computer Programmer, because he tried to bum a cigarette from him. Extensive pre-trial Hearings were held wherein Attorney Todd D. Greenberg alleged that a videotape statement obtained by the Defendant was not “voluntarily” made and was obtained in violation of the Defendant’s Constitutional rights. Although the presiding Justice denied the Motion, Attorney Greenberg was of the opinion that the argument was extremely viable and could be argued in front of the Jury as well as on an Appeal if necessary. Immediately prior to trial, a Plea Bargain was reached wherein the Murder charges were dismissed and the Defendant pled guilty to Criminal Possession of a Weapon in the Second Degree and was sentenced to 10 years imprisonment, of which he already served 3 years.
