A Walden man who was shot because he was mistaken for a police officer is now expected to survive.

Charles Miller was shot point blank in the stomach last month outside of the YouYou restaurant in Wallkill on Route 211 - in what police say was a case of mistaken identity.

Miller's wife says her husband underwent emergency surgery and is now going home after five weeks in the hospital.

Hector Luna is charged with the shooting and remains in custody on $250,000 bond.

He was captured in Pennsylvania and transferred to Orange County Jail earlier this month.