Former Gov. David Paterson yesterday called on Manhattan DA Cyrus Vance Jr. to dismiss the case against retired Marine Ryan Jerome, who is facing criminal charges after trying to check his Indiana-registered handgun at the Empire State Building.

“Under the law, he’s guilty,” Paterson said in a broadcast last night on WOR Radio.

Possessing a gun not licensed in New York, even if it’s licensed elsewhere, is technically a violent felony, carrying a minimum sentence of 3 1/2 years.

“But he shouldn’t be prosecuted,” Paterson said, adding that if he were still governor and Jerome were convicted, he would issue a pardon to the jeweler, who has explained to The Post that he keeps a gun because his job requires him to transport gold to and from refineries.

Paterson’s strict view on guns garnered him a grade of F from gun groups in the past.