$1M Bail For LI Teen's Gun Charge Upheld By NY Appellate Court

SHIRLEY, NY — The Supreme Court of the state’s Appellate Division has determined a Suffolk County court did not violate the constitutional rights of a Shirley teen being held on $1 million bail following his arrest for possessing a gun used in a shooting outside of U.S. Rep. Lee Zeldin’s home.

Huntington Station defense attorneys Christopher Cassar and Pierre Bazile who represent 18-year-old Noah Green submitted a writ of habeas corpus, appealing a judge's decision to hold him on bail, charging that he was being held unconstitutionally because the amount of the bail set was too high.

Green, who was indicted earlier this month, remains in custody on $1 million cash, $2 million bond, or a $10 million partially-secured bond after prosecutors say he was caught with one of the guns used in the shooting which injured two teens. He faces multiple charges, including felony gun possession, and misdemeanor charges of third-degree unauthorized use of a vehicle, fourth-degree criminal mischief, and resisting arrest, according to a seven-count indictment.

Cassar could not be immediately reached for comment.

Cassar previously told Patch he believed the amount of bail requested by prosecutors was "extremely high bail for a gun charge for someone that's never been arrested before."

Cassar has told Newsday reported that bail in most gun cases is set at $25,000 or $50,000 and called Green's bail "unconstitutional."

An appellate court panel on Tuesday rejected that claim, instead ruling the county "did not violate constitutional or statutory standards."

Suffolk District Attorney Ray Tierney said his office was "pleased with the higher court’s decision.”

“As I have stated before, in Suffolk County, we investigate every time that a gun is illegally fired," he said. "In this case, the gun used in the shooting in front of Congressman Zeldin’s house on Oct. 9 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," he added.

Cassar has also said Green should be eligible for bail and questioned the timing of the arraignment on his indictment one day before Election Day and called it "concerning," something Tierney rejected by saying that the case was prosecuted as any other would be.

Zeldin, a Republican, was set to face Democratic incumbent Gov. Kathy Hochul in the gubernatorial election. Much of his campaign platform centered around criminal justice issues like bail reform.

On Oct. 19, two 17-year-old boys were shot, and then they tried to hide in the yard of a home on St, George Manor Road, and a third teen ran, Suffolk police initially told reporters. Zeldin, who was not home at the time, later identified the home as his own.

Green was later arrested on Oct. 31 and he was found with a loaded 9 mm Taurus handgun, as well as a stolen 2022 Honda at his home, authorities alleged in court documents.

At the time of his arrest, Green told an officer, "I just got that gun, I'm carrying it for protection," according to a felony complaint filed in court.

Whether Green was involved in the shooting remains under investigation, according to his bail application.

He was initially charged with second-degree criminal possession of a weapon and fourth-degree criminal possession of stolen property, both felonies, and only faced between three and five years in prison, prosecutors said. He faces between three-and-a-half years and 15 years in prison due to the upgraded charges.

Tierney has previously said that the county's crime lab linked the gun found on Green to a bullet from the shooting near Zeldin’s home, "as well as shell casings located in the stolen car believed to have been used in the shooting."

Law enforcement conducting surveillance Oct. 31 outside of Green's home saw him leave and then get behind the wheel of a stolen black 2022 Honda CRV, according to his bail application.

When they approached him, he got out and tried to run, jumping onto the hood and the roof of the law enforcement vehicle, damaging it, the application said, noting law enforcement then tried to place him in custody, and "he began to reach for his pants pocket."

"Law enforcement was able to grab [Green’s] hand and recovered a loaded Taurus 9 mm pistol from the pocket the defendant was reaching into," Green's bail application said. "A forensic analysis of the pistol recovered from the defendant’s pocket was performed, revealing that the defendant’s fingerprint was present on the fully-loaded magazine that was loaded inside the weapon."

Ongoing social media surveillance of accounts belonging to Green showed a photo of what appears to be a gun posted to his Snapchat account, "Noah Might Slime You," on Oct. 28, the application said.

Green, who was wearing white, can be seen in the photo pointing what appears to be a gun at the lens, according to Tierney's office. The gun appears "similar to the gun that was recovered off him" but investigators can't say "definitively that it is the same gun," a spokeswoman previously told Patch.

Green's bail application does not indicate the item was the same gun that was recovered by law enforcement during his arrest.

The Snapchat photo is captioned, "Catch me a 4 bet it's a good day."

Tierney's office has previously said that the gun found on Green was found to contain a "loaded high-capacity magazine."

A microscopic analysis found the gun was used in the shooting outside Zeldin's home, with two 9 mm shell casings recovered from the space between the hood and the windshield of the stolen car, which is believed to have been used in the shooting, Tierney's office said.

More images and videos posted to Snapchat showed Green riding around in the Honda, consistent with the stolen vehicle, and Green was arrested, according to his bail application.

Surveillance video and eyewitness statements also showed the vehicle used in the shooting "appeared to be a recent model black Honda CRV with a white New York license plate consistent with the stolen vehicle" that Green was seen in, according to the application.

Cassar said prosecutors want to include the fact the shooting happened in front of Zeldin's house, "when they have no real solid evidence" that Green was involved in the shooting. He called these "very serious concerns" and questioned the "motivation of this prosecution."

When asked if Cassar believes prosecutors were acting politically motivated, Cassar said: "Well, I think it's a concern."

In a statement to Patch, Tierney said his office treated the case no different than any other case with a gunshot victim.

"In Suffolk County, we utilize all resources available to hold shooters responsible for endangering the community," he said. "New York state law provides for strict time limits mandating when cases get indicted. If those time limits are not followed, the defendants are released. This case was no different. It was this defendant, through the acts he is alleged to have committed that dictated when the case had to be indicted."

Cassar noted there are no witnesses who claim Green was involved in the shooting, and there is nothing linking him to the shooting other than the stolen car, which was rented by Green.

Cassar also noted that Green was not charged with criminal possession of stolen property, only unauthorized use of a vehicle, meaning he was allowed to use the car, but that at some point it was withdrawn.

"To think that someone would knowingly use a car that was in a shooting where there are bullets lodged in the car, driving around with it knowing all of that is unreasonable," he said.

As far as the allegations that Green posted a photo of himself showing what appeared to be a gun, Cassar said that the way the photo is taken you can't see who is holding the gun and whether it is a real or toy gun, and there is also another person in the photo covering his face.

Cassar questioned whether Green held the weapon.

The law firm is disputing whether the gun was found on Green and where it was located, Cassar said, adding that staffers are still investigating.

Green's face was completely uncovered, "to think that someone would go on Snapchat or hold a gun and show their face, I think is completely unreasonable."

He described Green as an excellent basketball player who has won many awards in his time at Wyandanch High School. Green recently moved to Shirley and was studying for his GED, according to Cassar.

Cassar described Green as "a good kid" with "a loving family," and added: "We are going to do our best to vindicate him on these charges."

Zeldin has said his twin daughters were inside the home at the kitchen table doing their homework when they heard the shots and hid in a bathroom, then called 911.

Investigators do not believe the shooting was aimed at Zeldin or his family.

Green is due back in court on Dec. 12.