Weapons, Guns, Firearms 12 years in prison

[ConcernedFamily]

Jurisdiction

New York

My cousin was charged with 2 counts of criminal possession of a weapon in the 2nd degree and one count of criminal possession of a weapon in the 3rd degree. The thing is that there was no substantial evidence putting the gun in his possession. There were no witnesses and the gun was found in a trashcan in the park that he was in. They did fingerprinting on the gun and some type of gun powder residue testing on his clothing and both things came out negative. He ended up losing the case anyway and sentenced to 12 years in prison. Is there any way to get him out? There are links to his case online. Here is one http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2014/D41219.pdf. Any help or information would be highly appreciated. Thanks in advance.

 

[Highwayman]

The thing is that there was no substantial evidence putting the gun in his possession.

Obviously the jury did not agree with your assessment.

If there is a legal reason then his attorney can consider filing an appeal. There is nothing YOU can do.

 

[Highwayman]

Your post doesn't seem to match up with the document you posted.

He was convicted of only one count and got 12 years. This is two years old news now - if your cousin's attorney did not file an appeal of the conviction then there was probably no legitimate reason for it.

 

[mightymoose]

Agreed. Opportunity for appeal ha surely passed.
He will have to serve his time and hope for parole after serving about half of it.