(SUFFOLK COUNTY, N.Y.) – Suffolk County District Attorney Raymond A. Tierney today announced that the Supreme Court of the State of New York’s Appellate Division determined that the Suffolk County court did not violate defendant Noah Green’s constitutional rights when it set bail on the 18-year-old after his arrest in connection to an October shooting in front of Congressman Lee Zeldin’s home in Shirley.
“We are pleased with the higher court’s decision,” said District Attorney Tierney. “As I have stated before, in Suffolk County, we investigate every time that a gun is illegally fired. In this case, the gun used in the shooting in front of Congressman Zeldin’s house on October 9th was allegedly recovered from the pocket of this defendant. This ruling solidifies our commitment to justly pursuing charges on those perpetrating violence in our community. Again, the investigation in this case is not over.”
Defense attorneys for the defendant submitted a writ of habeas corpus appealing the Suffolk County Court’s decision to hold Green on bail, charging he was being held unconstitutionally because the amount of the bail set was too high.
Today, the Supreme Court of the State of New York’s Appellate Division in the Second Judicial Department ruled that “Suffolk County, did not violate ‘constitutional or statutory standards,’” with the bail that was set on Green earlier this month at his arraignment on the indictment.
Green was indicted on November 7, 2022 and charged with two counts of Criminal Possession of a Weapon in the Second Degree, one count of Criminal Possession of a Weapon in the Third Degree, one count of Criminal Possession of a Firearm, as well as counts of Criminal Mischief in the Fourth Degree, Unauthorized Use of a Motor Vehicle and Resisting Arrest.
On October 31, 2022, members of law enforcement were conducting surveillance pursuant to the ongoing investigation into the October 9, 2022, non-fatal shooting outside the residence of United States Congressman Lee Zeldin. At approximately 1:00 p.m., members of law enforcement allegedly observed Green exiting his residence in Shirley and enter the driver’s seat of a stolen black 2022 Honda CRV. At that time, members of law enforcement approached the defendant who immediately exited the stolen vehicle and attempted to evade apprehension by jumping onto the hood and roof of a law enforcement vehicle. In his efforts to flee, Green caused damage to both the hood and roof of that vehicle. The defendant continuously refused to comply with the officers’ commands and began reaching for his pants pocket where the loaded Taurus 9mm pistol was ultimately recovered. The gun was found to contain a loaded, high-capacity magazine. A microscopic analysis of the gun allegedly recovered from the defendant’s pocket showed that the firearm was used in the non-fatal shooting that occurred in front of the Zeldin residence on October 9, 2022. Additionally, two 9mm shell casings were recovered from the cowl (i.e., the space between the hood and the windshield) of the stolen car, believed to have been used in the October 9, 2022 shooting. The October 9, 2022 shooting is still under active investigation and defendant Green is not charged with that crime at this time.
Green remains in custody and is being represented by Christopher J. Cassar, Esq. His next court date is December 12, 2022 before Acting Supreme Court Justice the Honorable Anthony S. Senft, Jr.
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