Legal Question in Criminal Law in New York

have a friend who has never been arrested no record at all..gets into an arguement with a guy..guy calls cops says my friend has a gun..and that he pulled the gun and tried to shoot him but the gun jams. my friend runs from the guy and he tells the cops that he went through the back of a building the cops catch up to him (friend) and ask him what happened..he tells them that they argued and then cops say guy tells them he had a gun..friend tells cop that he only has his cellphone..he's arrested because they do find a gun in the backyard..gun has no fingerprints (dna test ran twice)..he is going back n forth to court..has been indicted and charged at first with a c felony..now DA drops it to a d felony..there was a 911 tape where the guy says he's outside and he sees my friend out there. Operater says does he have a gun and he says Yes..operator says if he has a gun why are you out there you should get inside and guy says "no I'll be alright"..DA wants to give my friend 2 years..should this case still be going on with no evidence?..should it be taken to trial?


Asked on 7/18/10, 7:08 pm

1 Answer from Attorneys

peter bark bark & karpf

tough case for your friend, but if it is in Brooklyn he has a shot

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Answered on 7/19/10, 4:40 am


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