Overview
- Charles Foehner, 67, admitted to second-degree criminal possession of a weapon in Queens Supreme Court in a deal calling for a four-year prison term.
- Sentencing is set for Jan. 14, 2026, and Judge Toni Cimino ruled he can remain at liberty until then over the district attorney’s objection.
- The case stems from a May 31, 2023 encounter in Kew Gardens in which Foehner shot Cody Gonzalez during an attempted robbery; the object Gonzalez waved was later identified as a pen.
- Police found Foehner’s revolver was unlicensed and discovered additional unlicensed firearms in his home, leading to a 25-count weapons indictment and significant potential trial exposure.
- Defense attorney Thomas Kenniff said his client accepted the plea to avoid a far longer sentence and criticized New York’s gun-permitting laws.