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Long IslandCrime

Barry Yorke, convicted gun dealer, pleads guilty to perjury

Barry Yorke is seen in an April 12,

Barry Yorke is seen in an April 12, 2012 file photo. Photo Credit: SCDAA

A Copiague man who was convicted of dealing guns pleaded guilty Friday to perjury for testifying during his murder trial that he had never even held a gun.

In return for the plea from Barry Yorke, 23, state Supreme Court Justice Richard Ambro promised to sentence him to an additional 1 1⁄3 to 4 years in prison, on top of the 12 years Yorke already is serving for dealing guns. If convicted on the perjury charge, he could have received 2 1⁄3 to 7 years.

Hanging over all those charges, however, is the unresolved charge of second-degree murder. Yorke is accused of shooting to death cabdriver Juan Rosario, 19, during a robbery on 42nd Street in Copiague on Dec. 12, 2010.

A trial on that charge three years ago in Riverhead ended with a hung jury. During that trial, Yorke testified he had never handled a gun, which was the basis of the perjury charge. Evidence at his gun-dealing trial included photos and videos of him handling guns.

After Yorke pleaded guilty to perjury, Ambro urged him to consider a plea offer that prosecutors had made in the murder case. That offer would allow Yorke to plead guilty only to robbery and would result in a sentence that gives him little or no additional prison time.

On the other hand, if he’s convicted of murder at a second trial, he could end up serving a maximum of 38 1⁄3 years to life in prison.

Assistant District Attorney Glenn Kurtzrock said the perjury plea could prevent Yorke from testifying at a second murder trial. He may no longer claim he’d never handled a gun, and he could be questioned about the perjury plea itself.

Defense attorney Christopher Gioe of Hauppauge declined to comment.

Ambro will sentence Yorke on the perjury charge on Oct. 26.

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