Queens County Gun Indictment Dismissed After Suppression of Evidence

June 7, 2022

Criminal Defense Attorney Todd Greenberg obtained suppression of an AK-47 Riffle leading to a dismissal of a Queens County Indictment that charged the Defendant with a 3 ½ year minimum to 15 year maximum sentence for possession. Our client, along with four other “knuckleheads” (all were college graduates and some had a Masters degree), were at client’s business, two isolated acres bordered by water in Rockaway, Queens, on New Year’s Eve, December 31, 2020, and fired an AK-47 in the air. The shots were picked up by ShotSpotter and the police arrived. According to the District Attorney, our client, the owner of the premises, consented to a search which yielded the AK-47. The Prosecution demanded two years in jail and the case proceeded to Hearings. This was a case that Body Worn Cameras actually helped the Defendant expose the truth! The alleged “Consent” to search the premises was captured on video and Mr. Greenberg maintained that the video established that the District Attorney failed to meet it’s “heavy burden” of showing “clear and positive evidence” that there was a voluntary consent to search. Mr. Greenberg performed his usual due diligence by viewing every single Body Worn Camera worn by every Police Officer at the scene. There were at least thirty Body Cameras and fifteen Police Officers involved. During his review of the Body Cams, a Police Officer is heard “faintly whispering” to a fellow Police Officer just 10 minutes after the alleged consent “… are you sure he gave permission?”. Suppression granted! If you or your loved ones are charged with a crime, contact the Attorneys who review every tape, every piece of paper and make every legal argument on a client’s behalf and whom have been successful in preserving the Constitutional Rights of citizens. Contact our firm and ask for Todd Greenberg at 718-268-0400 or at Queenslaw.com.