QUEENS JURY: “NOT GUILTY” VERDICT FOR QUEENS CONTRACTOR CHARGED WITH FELONY POSSESSION OF FIREARMS
Our client, a Queens Contractor, was charged with Possession of two (2) Loaded Firearms in his garage. Under the New York SAFÉ ACT, Possession of a weapon, even in one’s home, was raised to a Class “E” Felony. Our client, in the midst of a bitter divorce, was arrested when police officers responding to a domestic incident came to his home wherein our client’s estranged wife directed them to the guns in a draw in his garage which was under his control. After two (2) years of litigation, the Jury returned a “NOT GUILTY” verdict in this matter on June 26 th, 2018. At trial, Criminal Defense Attorney Todd Greenberg attacked the DNA evidence that was presented which showed our client’s DNA on those two guns. Through the Prosecution’s own case, the Defense established that our client was “set up” by his wife who wanted him out of the house! Additionally, based on Mr. Greenberg’s knowledge of DNA evidence, Mr. Greenberg was able to show that the Office of the Chief Medical Examiner of New York simply did not do a proper analysis in this case. He exposed the OCME’s protocol of only taking the highest quantity of DNA on a gun and analyzing it, which was our client’s DNA, but ignored two other locations of DNA on the gun without analyzing same. The argument to the Jury was that this incomplete investigation deprived the Jury of very important data as to who touched that gun. Further, during cross-examination, Mr. Greenberg was able to get the Criminologist from the OCME’s office to admit that the Defendant’s DNA actually was a mixture and contained the DNA of a third person which was never tested. After speaking with the Jury at the end of the case, the Jury highlighted to Mr. Greenberg that they followed his summation and found the DNA Analysis insufficient and that the Defendant’s wife lacked credibility. If you are falsely arrested and charged with a crime call Criminal Defense Attorney Todd Greenberg for the best result at (718)268-0400 or visit our firm’s website at www.QueensLaw.com.