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In SDNY Mag Court Green Detained As Felon in Possession, Judge Asks Of Larger Drive-By

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY MAG COURT, July 29 – In the Magistrates Court of the U.S. District Court for the Southern District of New York on July 2, Kasmir Green was presented on charges of being a felon in possession of ammunition.

But that was only part of the story. The Assistant US Attorney said Green had committed a drive-by shooting in The Bronx on October 5, 2020, and then was arrested at 5 am on July 2 with 53 bags of crack and $1800 in cash.

 Green retained counsel said he has a job, at the Hard Rock Cafe in Yankee Stadium, and lives with ten children.

  SDNY Magistrate Judge Debora Freeman determined that Green should be detained - not as a risk of flight, but as a danger to the community. In the socially distance gallery, his wife expressed displeasure. The AUSA called her a witness to the drive-by shooting.

  The case was assigned to SDNY District Judge Lewis A. Kaplan.

On July 29, Judge Kaplan held a proceeding and Inner City Press again covered it. It occurred a bit later, after another Judge Kaplan proceeding Inner City Press covered, involving a man on supervision who left voice mails that were transcribed and put in the docket.

 In this case, Judge Kaplan asked why if it involved a drive by shooting only the ammunition was being charged. The AUSA replied that if they can prove the shooting was released to a drug conspiracy, perhaps they were will re-file additional Federal charges.

  The real question may be, why is the State court not reliable to prosecute and punish a drive by shooting, such that a Federal ammo charge is viewed by law enforcement as preferable?

The case is US v. Green, 21-cr-431 (Kaplan)

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