A new trial has been ordered for a defendant after enhancement of the surveillance video used to convict him indicated he was not carrying a weapon, but a beverage can.

Acting Manhattan Supreme Court Justice Jill Konviser said in granting Michael Almeda’s CPL §440.10 motion to set aside his conviction that the prosecution premised its case on the contention that the videotape, plus eyewitness accounts, indicated he was carrying the illegal handgun in his left hand on a Manhattan street.