New York Criminal Defense Attorney Blog

Plaxico Burress, the 32 year old ex-New York Giant wide receiver who caught the winning touchdown pass in Super Bowl 42, pled guilty on August 20th to attempted weapons possession and will serve two years in prison. Burress, who will be sentenced on September 22nd, took the plea to avoid a mandatory 3 1/2 year sentence if he was convicted of NY illegal weapons possession arising out of his arrest last November when he accidentally shot himself in the leg with an unlicensed Glock automatic pistol.

Prior to the plea deal, Mr. Burress testified before a grand jury, during which he admitted to possessing and firing the pistol. In most cases, defendants are advised to not testify before a grand jury, as it provides the prosecutor with an opportunity to obtain damaging admissions prior to trial.

After his sentencing on September 22nd, Mr. Burress will reportedly be sent to Downstate Correctional Facility in Fishkill, a maximum security prison, to determine where he should be incarcerated. With good behavior, Burress can reduce his sentence by three and a half months.

Continue reading " New York Illegal Weapons Possession Plea For Ex-Giant Burress " »

Plaxico Burress, the ex-New York Giants star wide receiver who caught the game winning pass in Super Bowl 42, was indicted on August 4th on New York gun possession charges. Burress was indicted on two counts of second degree criminal possession of a weapon and one count of second degree reckless endangerment.

The New York criminal weapon charges stem from an incident on November 29, 2008 at the Latin Quarter nightclub in Manhattan. Mr. Burress accidentally fired his .40 caliber Glock semiautomatic pistol, which had been tucked into the waistband of his jeans, narrowly missing a club employee, and shooting himself in the thigh. Burress had a gun permit in Florida, but that permit expired 7 months earlier, and he did not have a permit in New York.

Apparently, there had been negotiations between the New York County District Attorney's office and Mr. Burress' attorney regarding the amount of jail time Mr. Burress would have to serve in a plea deal, but negotiations broke down when Robert Morgenthau, the New York D.A. insisted on more than one year in jail. If Mr. Burress is convicted on the criminal possession charges, New York law mandates a minimum three and a half year prison term.

Continue reading " Plaxico Burress Indicted By New York County Jury " »