A federal appeals court has ordered a new trial for a former New York City firefighter convicted of growing marijuana in a Queens house.
The 2nd U.S. Circuit Court of Appeals on Wednesday ordered the retrial of Patrick Murray.
The court said Murray was not permitted to properly rebut cell-phone data that prosecutors provided jurors at the last minute. They were submitted as evidence that Murray was a regular visitor to the house where marijuana plants were growing in the basement.
Murray's lawyer, Lee Ginsberg, says he's happy with the ruling and "looking forward to a positive result" beginning with a hearing before the trial judge next week.
The appeals court had ordered Murray's release from prison in June. He was serving a five-year prison sentence.
He was arrested in February 2009 by police officers acting on an anonymous tip.
Ex-Firefighter Convicted of Growing Pot Gets New Trial
An appeals court ordered a retrial of Patrick Murray, who was convicted of growing pot in a Queens house
Copyright AP - Associated Press
