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Brothers Accused Of Stealing $5M Scratch-Off Ticket

Defendants Decide To Forgo Jury Trial In Favor Of Judge

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The Post-Standard reported that two brothers who allegedly attempted to claim $5 million from a stolen scratch-off ticket will elect to have a judge rule on their case rather than a jury.

“I feel much better having it in the hands of someone who is trained legally, who knows the law and knows how to apply the law,” the defense attorney for one of the men told The Post-Standard. “Everything is going to be based upon the facts and not on emotion. Juries tend to work on emotion, and everybody on a jury in this case would have a predisposition.”

The defense reportedly is calling into question the actual value of the ticket.

The defendants are Andy Ashkar, 34, and Nayel Ashkar, 36.

According to The Post-Standard: “The ticket was allegedly stolen by Andy Ashkar from a customer at his father’s convenience store on Oct. 27, 2006. Andy Ashkar is accused of telling the customer the ticket was worth $5,000 and paying him $4,000, keeping $1,000 for the store. Six years later, the brothers took the ticket to the lottery office to claim the $ 5 million.”

The judge in the case decided recently to dismiss attempted grand larceny charges against the brothers because of the statute of limitations on the alleged crime. They are still facing a fourth-degree conspiracy charge. One of the brothers faces an additional charge for possession of stolen property.

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Tags: New York,   Lottery