Broome County man served prison time for weapons conviction, but could get new trial
A Broome County man who served his sentence after being convicted in 2017 on weapons charges won an effort to have his conviction tossed.
The Appellate Division of State Supreme Court, Third Judicial Department, reversed the conviction of Ramadan Abdullah, of Johnson City, and ordered the case back to Broome County Court for a new trial.
A jury in November 2017 found Abdullah guilty on 15 counts of second- and third-degree criminal possession of a weapon, linked to his possession of five handguns.
In February 2018, Broome County Judge Kevin Dooley sentenced Abdullah to four years in prison for second-degree criminal possession felony charges and two to six years for third-degree criminal possession of a weapon counts, to run concurrently.
Abdullah was released last August after serving his sentence at the Watertown Correctional Facility.
Abdullah's defense lawyer at the time, former Binghamton Mayor Matthew Ryan, argued Abdullah had been stereotyped as a possible terrorist, but Dooley said there was overwhelming evidence of his guilt.
Abdullah was arrested May 31, 2017 after a shoplifting complaint at the Gander Mountain store in Johnson City. Nobody saw him steal anything, but police found him with suspected stolen ammunition.
Police later announced they seized various firearms and ammunition as part of the investigation.
During the trial, prosecutors asked the jury to focus on the handguns. Abdullah did not possess a pistol permit, as required by state law.
For subscribersNY abortion clinics prep for influx of patients, but access may be an issue for some
Local milestonesDo you remember the Flood of 1972? Here's a personal connection
In its ruling, the appellate court determined Abdullah had been improperly questioned by police without being given a Miranda warning while he was at Gander Mountain.
"The application for the warrant was based upon statements made by defendant while at the sporting goods store," the ruling stated. "In view of our determination that these statements should be suppressed, no probable cause existed to support the warrant."
Since the warrant wasn't valid, the court ruled any evidence obtained should have been suppressed by the trial court.
Broome County District Attorney Michael Korchak said his office received the court's decision Thursday.
"Judge Kevin Dooley, who presided over the case, is retired," Korchak said. "Once it is assigned to a new judge, a conference will be scheduled to determine how we will proceed regarding another trial.”
Follow Jeff Murray on Twitter @SGJeffMurray. To get unlimited access to the latest news, please subscribe or activate your digital account today.
This article originally appeared on Binghamton Press & Sun-Bulletin: Man's weapons conviction in Broome County overturned
