Metro

Diner defense

The lawyer for a man accused of fatally shooting a city cop’s boyfriend in a Brooklyn diner over the weekend tried to claim yesterday that the off-duty officer’s gun was the murder weapon.

Mahmoud Rabah, the lawyer for suspect Tyrone Gainer, stopped short of accusing off-duty Officer Shana McLean of shooting her beau, Jason Lewis, in the Country House Diner in Fort Greene. But Rabah did question who owned the gun while calling Lewis’ death “a tragic accident.’’

Rabah — appearing in Brooklyn Criminal Court as Gainer was arraigned on murder and weapons charges — also tried to pooh-pooh surveillance video that appears to show Gainer shooting Lewis, 34. He dismissed the video as “grainy.”

Gainer, 27, was ordered held without bail yesterday.

He allegedly hassled McLean, the ex-girlfriend of a pal, at the diner and then shot Lewis when he intervened.