District Attorney

Posted on: June 7, 2017

Hempstead Man Sentenced to 10 Years in Prison for Illegally Possessing a Gun


MINEOLA, N.Y. – Nassau County District Attorney Madeline Singas announced that a Hempstead man has been sentenced to 10 years in prison today and five years’ post-release supervision for charges related to carrying a handgun into his ex-girlfriend’s apartment.

Malcolm McLean, 34, was convicted by a jury of Criminal Possession of a Weapon in the 2nd Degree (a C violent felony), Criminal Possession of a Weapon in the 3rd Degree (a D felony), Criminal Possession of a Firearm (an E felony) and Criminal Possession of a Weapon in the 4th Degree (an A misdemeanor).

The trial, before Court of Claims Judge Alan Honorof, lasted four days and the jury deliberated for approximately one day.

“This defendant terrorized his ex-girlfriend and her two children by breaking into their home,” DA Singas said. “Thanks to the Hempstead and Nassau County Police Departments, this dangerous, persistent offender will be off the streets for many years to come.”

DA Singas said that on October 20, 2015, at approximately 2:05pm, the defendant’s ex-girlfriend called 911 and reported the defendant entered her Hempstead apartment at 2:00am that morning, without permission, using a stolen key. When Hempstead Police responded to the scene, the victim said that she and the defendant engaged in a verbal argument and that he was in possession of a small, black revolver. She also informed the police that the defendant sent her numerous text messages threatening to harm her and her children.

Officers located the defendant the following day at a parole check-in and placed him under arrest. Following the execution of a search warrant, Nassau County Police found a .32 Smith & Wesson handgun in a desk drawer in the defendant’s home.

Based on the defendant’s prior criminal record, which includes two prior felony convictions, he is a discretionary persistent offender.

Assistant District Attorney Jhounelle Cunningham of DA Singas’ Special Operations, Narcotics and Gangs Unit is prosecuting this case. McLean is represented by John Marshall, Esq.

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