A Copiague man who was convicted of dealing guns has been charged with perjury for claiming during a Suffolk County murder trial that he had never even held a gun.
Barry Yorke, 22, pleaded not guilty Friday to the indictment charging him with perjury, which carries a maximum sentence of 2 1⁄3 to 7 years in prison.
Yorke already is serving 12 years on the gun charge, and faces another 25 years to life if convicted of murder. His first murder trial in 2013 ended with a hung jury.
In that case, he’s charged with shooting cabdriver Juan Rosario, 19, to death while he was robbing him. Yorke testified in that trial that he’d never touched a gun.
Assistant District Attorney Glenn Kurtzrock said Yorke was charged with the gun sale after undercover video showed him handling and selling it.
State Supreme Court Justice Richard Ambro set no bail for Yorke, noting that it’s moot because of the 12-year sentence he’s serving.
Kurtzrock said the perjury charge not only will hold Yorke accountable for lies he told under oath, but will box him in at his eventual retrial on the murder charge.
“To whatever extent his false testimony had anything to do with the hung jury, this perjury indictment will make sure he can’t do that again,” Kurtzrock said.
Yorke’s attorney, Christopher Gioe of Central Islip, said he is innocent of everything — even the gun charge.
“He maintains his innocence,” Gioe said. “He’s never held a gun. He’s never sold a gun.”
Gioe said his client claims he is not the person in the video that led to his conviction on the gun charge.
After the 2013 murder trial, several jurors said they weren’t convinced that Yorke was the one who called and asked for a cab to come to 42nd Street in Copiague, where Rosario was shot in the head.
Even some jurors who felt Yorke was guilty voted not to convict because they believed the evidence against him was thin.