Erie County Court Jury Finds Defendant NOT GUILTY in Gun Case

Our client was charged in 2023 with Possession of a Firearm. Possession (Penal Law § 265.01-b) is a class E felony and can carry serious penalties, including up to four years in prison and a $5,000 fine. On August 29, 2025, our client was found Not Guilty. 

The defendant pleaded not guilty, and a trial was held in Erie County court. During the events that unfolded in 2023, the client was a backseat passenger in a vehicle with three other occupants. During a stop by the police, the officer requested all occupants to exit the vehicle. 

The vehicle was then searched, and upon searching, the officer found a loaded firearm under the driver's seat. DNA testing seemed to demonstrate that our client had DNA all over the weapon, which was found in the front of the car, under the driver's seat. Experts were provided by the Prosecutor for cross-examination. 

DuBois Law PC refused to back down from the claims made by the Prosecutor and experts, and during cross-examination challenged the accuracy of the DNA results. 

This led to a full dismantling of the Prosecution's case, and convinced the jury to find our client NOT GUILTY after less than 2 hours of deliberation. 

 

Steuben County Kidnapping, Assault, Strangulation Case Ends in NOT GUILTY Verdict

Recently, our client was charged with Kidnapping, Assault, and Strangulation. These charges are serious. First Degree Kidnapping is a Class A-I felony, considered the most serious form of the crime, and Second-Degree Kidnapping can be downgraded, but is still a very serious offense. A first-degree kidnapping charge will depend on the release of the victim, the potential of ransom involved, and harm to the victim. A conviction of First-degree kidnapping can result in life in prison, with a minimum of 15-40 years. Any form of Strangulation, First-degree and second-degree, is considered a felony. This is considered a violent felony offense and carries a maximum sentence of 15 years. 

This past Thursday, Sep 4, our client was found Not Guilty of 4 out of 5 charges. 

In Stueben County Court, the Prosecution provided witnesses to account for the details of the case on the record. Through vigorous questioning of the Prosecution's star witnesses, DuBois Law PC was able to prove that the Prosecution's witness was not credible. 

This led to the jury finding the defendant NOT GUILTY on the main 4 charges, leaving an unrelated, low-level misdemeanor. This was our 2nd Not Guilty trial in a week. 

When you are faced with criminal charges, you will be appointed a public defender regardless of your financial situation, but the lawyer you choose to fight for you can have a significant impact on your case. You need a lawyer who will fight for you, who understands the law, and who has experience in a trial setting. 

Past outcomes do not guarantee results. In the event that you have a question about a criminal case against you or someone you know, please contact Dan DuBois via our contact form or by phone. We will help you best understand the process, and remember, we understand, we never judge.