A Queens man was acquitted of gun charges yesterday — after prosecutors admitted they withheld evidence involving phony police testimony.
Prosecutors told jurors that Deon Davis, 21, placed a loaded weapon on the ground in front of a cop, then escaped by squeezing through a fence, only to be nabbed a few blocks away.
But they failed to divulge that arresting Officer Ronald Martiny had admitted to the prosecution that his description of the alleged escape was incorrect — that there was no fence.
Not only did prosecutors fail to mention the “mistake” to the defense, but when Martiny took the stand, he repeated the false statement.
As Davis’ lawyer, Douglas Rankin, cross-examined Martiny, the cop “corrected” his testimony to say Davis fled between two buildings.
Justice Stephen Knopf let the case proceed but alerted the jury that parts of the cop’s testimony were “erroneous.’’
The jury acquitted Davis, who had been free on bail since his 2007 arrest.