New York Giant Plaxico Burress Charged with Criminal Possession of a Weapon in the Second Degree

New York detective Samuel Haigler of the 017 Detective Squad has accused New York Giants’ wide receiver Plaxico Burress of criminal possession of weapon in the second degree in violation of Penal Law §265.03.(1)(b) and criminal possession of a weapon in the second degree in violation of Penal Law 265.03(3).

Penal Law §265.03 states in relevant part as follows:

“A person is guilty of criminal possession of a weapon in the second
degree when:

(1) with intent to use the same unlawfully against another, such
person:

(a) possesses a machine-gun; or

(b) possesses a loaded firearm; or

(2) such person possesses five or more firearms; or

(3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.

Criminal possession of a weapon in the second degree is a class C felony.”

The factual part of the accusatory instrument alleges that an undisclosed informant saw Burress holding a drink in his right hand while fidgeting with the waistline of his pants with his right hand as he was going into the upper level of the VIP section of the Latin Quarter Club on Lexington Avenue in New York City. It further alleges that the undisclosed informant heard a pop and then heard Burress say “Take me to a hospital”. It further alleges that the undisclosed informant saw Burress’s legs begin to shake. It further alleges that the undisclosed informant saw a bloody pistol fall out of Burress’s pant leg. It finally alleges that Burress was taken to New York Presbyterian Hospital/Weill Cornell Medical Center where he was treated for a gunshot wound. According to the accusatory instrument, the alleged crimes took place on November 29, 2008 between the hours of 1:00 a.m. and 2:00 a.m.

If convicted of Criminal Possession of a Weapon in the Second Degree, Burress faces a possible determinate sentence of 3 ½ to 15 years in state prison followed by 2 ½ to 5 years post-release supervision. [PL § 70.02(3)(b), 70.00(6) and 70.45(2)] Burress, however, is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Burress is represent by Ben Brafman who successfully represent Sean “P.Diddy” Combs on weapon charges stemming from a bar room brawl back in 1999. Burress has been released on a $100,000 bail bond.