CONEY ISLAND - An attorney says he believes there was a cover-up by the NYPD in a police-involved fatal shooting back in 2008.

Gilbert Blanco was shot to death by an officer on Nov. 13, 2008 after he allegedly ran toward the officer with a chair above his head, ready to attack.

Herb Subin, the attorney for the estate of Gilbert Blanco, says he believes the officer who shot Blanco to death is lying about the position of the chair and that Blanco was no threat to the officer.

Subin also questions why the officer didn't use pepper spray or a baton to subdue the recently laid-off Brooklyn man.