Judge sets $1 million cash bail for teen charged with having gun used in shooting outside Zeldin house
Suffolk County police collect evidence at the scene of the shooting on St. George Drive in Shirley last month. Credit: James Carbone
A Suffolk County judge has set a $1 million cash bail on the Shirley teen accused of possessing the handgun fired in a drive-by shooting outside Rep. Lee Zeldin’s home last month, prompting the teen's defense attorney to criticize the bail as being extremely high and unconstitutional.
Noah Green, who is charged with criminal possession of a weapon, has not been charged in the October double shooting that left two teenagers with nonfatal injuries on Zeldin's front lawn. The congressman's two daughters were home at the time and unhurt.
Prosecutors, who asked for the bail set by the judge, say the gun Green had when he was arrested is the same one used outside Zeldin's Shirley home.
Attorney Christopher Cassar of Huntington also questioned why Green's arraignment was held right before Election Day, when New York voters will choose between Zeldin, the Republican candidate for governor, and incumbent Kathy Hochul, a Democrat.
Suffolk District Attorney Ray Tierney is a Republican.
“The timing of this is questionable,” Cassar told reporters outside court after Suffolk County Judge Karen Wilutis set Green’s bail at $1 million cash bail or $2 million bond or $10 million partially secured bond during a hearing in Riverhead.
Cassar, who entered a not-guilty plea for Green, said he is preparing a writ asking the Appellate Division to review the bail package.
Wilutis said she agreed with the bail request of prosecutor Vanessa McEvoy, who called the teen “a flight risk” given the seriousness of the charges and the overwhelming evidence gathered by the district attorney’s office.
Cassar said bail in most gun cases is set at $25,000 or $50,000, adding that the bail set by the judge is "extremely high" so as to be unconstitutional.
Tierney, in a statement, said: “We treated this case no differently than any other case where a victim gets shot."
In an earlier statement, Tierney said: “The gun used in the shooting in front of Congressman Zeldin’s house was allegedly recovered from the pocket of this defendant. Moreover, the Suffolk County Crime lab was able to link this gun to a bullet from the shooting near Congressman Zeldin’s residence, as well as shell casings located in the stolen car believed to have been used in the shooting."
Zeldin issued a statement saying: “My family and I are extremely grateful to Suffolk County law enforcement for their speedy response on the day of the shooting outside our home and for their diligence in pursuing this case," he said.
Cassar disagreed that his client is a flight risk. He said Green was a lifelong resident of Suffolk County with no criminal record.
Fred Klein, a Hofstra University law professor and a former chief of the Nassau District Attorney's Homicide Bureau, said bail is "only meant to ensure the accused returns to court, not whether he poses a danger if released." He said New York State’s recently passed law on bail also requires judges to consider what is reasonable for a defendant.
“I’m going to go out on a limb and say that an 18-year-old defendant, a lifelong resident of Suffolk County with no prior arrests, does not have access to huge amounts of money. The judge did need to consider the defendant’s ability to post bail ... it’s not the least restrictive remedy, which is what the bail law requires,” Klein said.
An indictment unsealed Monday charges Green with seven counts, including second-degree criminal possession of a weapon and three other weapons-related charges, as well as fourth-degree criminal mischief and unauthorized use of a vehicle.
Green could be sentenced to up to 15 years in prison if convicted on the criminal possession of a weapon charge.
Zeldin has made the Oct. 9 shooting outside his home a central theme of his campaign advertising.
Suffolk police have said that three teenagers were walking on St. George Drive West in Shirley on that date when a vehicle drove by and an occupant fired multiple gunshots. Two 17-year-olds who were shot attempted to hide in Zeldin’s yard, while the third teen fled on foot.
Suffolk police were conducting surveillance outside Green's home on Oct. 31 when they observed him get into what they said was a stolen 2022 Honda CR-V. Green tried to flee, but police were able to put him in custody, prosecutors wrote.
Cassar said the forensic analysis of the gun appears to have been fast-tracked. “There seems to be an expedited process here,” he said.
“They claim they have already done ballistic analysis before the arraignment on the indictment, which is also very unusual,” Cassar said. “So we are going to look into all of that."
A Suffolk County judge has set a $1 million cash bail on the Shirley teen accused of possessing the handgun fired in a drive-by shooting outside Rep. Lee Zeldin’s home last month, prompting the teen's defense attorney to criticize the bail as being extremely high and unconstitutional.
Noah Green, who is charged with criminal possession of a weapon, has not been charged in the October double shooting that left two teenagers with nonfatal injuries on Zeldin's front lawn. The congressman's two daughters were home at the time and unhurt.
Prosecutors, who asked for the bail set by the judge, say the gun Green had when he was arrested is the same one used outside Zeldin's Shirley home.
Attorney Christopher Cassar of Huntington also questioned why Green's arraignment was held right before Election Day, when New York voters will choose between Zeldin, the Republican candidate for governor, and incumbent Kathy Hochul, a Democrat.
Suffolk District Attorney Ray Tierney is a Republican.
“The timing of this is questionable,” Cassar told reporters outside court after Suffolk County Judge Karen Wilutis set Green’s bail at $1 million cash bail or $2 million bond or $10 million partially secured bond during a hearing in Riverhead.
Cassar, who entered a not-guilty plea for Green, said he is preparing a writ asking the Appellate Division to review the bail package.
Wilutis said she agreed with the bail request of prosecutor Vanessa McEvoy, who called the teen “a flight risk” given the seriousness of the charges and the overwhelming evidence gathered by the district attorney’s office.
Cassar said bail in most gun cases is set at $25,000 or $50,000, adding that the bail set by the judge is "extremely high" so as to be unconstitutional.
Tierney, in a statement, said: “We treated this case no differently than any other case where a victim gets shot."
In an earlier statement, Tierney said: “The gun used in the shooting in front of Congressman Zeldin’s house was allegedly recovered from the pocket of this defendant. Moreover, the Suffolk County Crime lab was able to link this gun to a bullet from the shooting near Congressman Zeldin’s residence, as well as shell casings located in the stolen car believed to have been used in the shooting."
Zeldin issued a statement saying: “My family and I are extremely grateful to Suffolk County law enforcement for their speedy response on the day of the shooting outside our home and for their diligence in pursuing this case," he said.
Cassar disagreed that his client is a flight risk. He said Green was a lifelong resident of Suffolk County with no criminal record.
Fred Klein, a Hofstra University law professor and a former chief of the Nassau District Attorney's Homicide Bureau, said bail is "only meant to ensure the accused returns to court, not whether he poses a danger if released." He said New York State’s recently passed law on bail also requires judges to consider what is reasonable for a defendant.
“I’m going to go out on a limb and say that an 18-year-old defendant, a lifelong resident of Suffolk County with no prior arrests, does not have access to huge amounts of money. The judge did need to consider the defendant’s ability to post bail ... it’s not the least restrictive remedy, which is what the bail law requires,” Klein said.
An indictment unsealed Monday charges Green with seven counts, including second-degree criminal possession of a weapon and three other weapons-related charges, as well as fourth-degree criminal mischief and unauthorized use of a vehicle.
Green could be sentenced to up to 15 years in prison if convicted on the criminal possession of a weapon charge.
Zeldin has made the Oct. 9 shooting outside his home a central theme of his campaign advertising.
Suffolk police have said that three teenagers were walking on St. George Drive West in Shirley on that date when a vehicle drove by and an occupant fired multiple gunshots. Two 17-year-olds who were shot attempted to hide in Zeldin’s yard, while the third teen fled on foot.
Suffolk police were conducting surveillance outside Green's home on Oct. 31 when they observed him get into what they said was a stolen 2022 Honda CR-V. Green tried to flee, but police were able to put him in custody, prosecutors wrote.
Cassar said the forensic analysis of the gun appears to have been fast-tracked. “There seems to be an expedited process here,” he said.
“They claim they have already done ballistic analysis before the arraignment on the indictment, which is also very unusual,” Cassar said. “So we are going to look into all of that."
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
