Suffolk County police collect evidence last month on St. George...

Suffolk County police collect evidence last month on St. George Drive in Shirley near the home of Republican Rep. Lee Zelden. Credit: James Carbone

A state appellate court Tuesday said a Suffolk judge did not violate a Shirley teenager's rights by setting $1 million cash bail or $2 million bond on charges connected to his alleged possession of the handgun fired in a shooting outside the home of Rep. Lee Zeldin.

The judge set the bail for Noah Green after he was arraigned on charges of criminal possession of a weapon, criminal possession of a firearm, criminal mischief, unauthorized use of a motor vehicle and resisting arrest.

Christopher Cassar, Green’s Huntington-based defense attorney, appealed the court’s decision, arguing his client, 18 at the time of his arraignment, was being held unconstitutionally because bail was set was too high.

At the time of the shooting last month and Green's subsequent arrest, Zeldin, a Republican, was running for governor — he subsequently lost to Democratic Gov. Kathy Hochul — on an anti-crime platform.

Cassar told reporters that the timing of Green’s arrest was “questionable” and bail in most gun cases is set at $25,000 or $50,000.

In their ruling, the Appellate Division’s Second Department unanimously dismissed Cassar’s appeal, stating the bail amount did not violate “constitutional or statutory standards.”

“We investigate every time that a gun is illegally fired,” said Suffolk County District Attorney Ray Tierney. “In this case, the gun used in the shooting in front of Congressman Zeldin’s house on October 9th 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.”

Green has not been charged with the shooting, although his possible involvement "is still under active investigation," prosecutors said in court filings.

Efforts to reach Cassar for comment Tuesday were unsuccessful. 

Suffolk police said three teenagers were walking on St. George Drive West in Shirley on Oct. 9 when a vehicle drove by and an occupant fired multiple gunshots. Two 17-year-olds who were shot attempted to hide in Zeldin’s yard, while the third teen fled on foot. The teens sustained nonfatal injuries.

Suffolk police conducting surveillance outside Green's home on Oct. 31 allegedly saw him get into what they said was a stolen 2022 Honda CR-V. Green tried to flee, but police were able to put him in custody, prosecutors wrote. Authorities alleged they recovered a loaded Taurus 9 mm pistol from Green's pocket — the same weapon used in the shooting.

Zeldin was not home at the time of the shooting. The congressman's twin 16-year-old daughters were home, locked themselves in a bathroom when they heard gunshots and called 911, Zeldin said.

Green is due back in court Dec. 12.

Latest videos