In 2006, as part of Mayor Michael Bloomberg's gun control efforts, the city approved new legislation regulating handgun possession and sales. The new laws established a gun offender registry, required city gun dealers to inspect their inventories and file reports to the police twice a year, and limited individual handgun purchases to once every 90 days. The regulations also banned the use and sale of kits used to paint guns in bright or fluorescent colors, on the grounds that such kits could be used to disguise real guns as toys.
In July 2007, the city planned to install an extensive web of cameras and roadblocks designed to detect, track and deter terrorists called Lower Manhattan Security Initiative, which is similar to the City of London's "ring of steel". [18]
As of December 31, 2007 New York City had 494 reported homicides, down from 596 homicides in 2006. This marked the first year since in 1963 (when crime statistics were starting to be published) that the its total was fewer than 500.
1) What charges does Burress face in New York?
Burress is facing charges for criminal possession of a weapon in the second degree, a Class C felony which prohibits the possession of a loaded gun without a proper license outside the home or place of business. If convicted, Burress would face a minimum of three and a half years and a maximum of 15 years in prison. He is expected to plead not guilty and will be represented by noted trial attorney Benjamin Branfman.
2) Why would someone be charged for accidentally shooting himself?
The purpose of the charge is not to punish for Burress for the alleged accident, but rather to punish him for allegedly carrying a loaded gun without a valid license. His intent, purpose and justification for carrying the gun are thus irrelevant. New York has one of the nation's least-forgiving gun laws, and this particular provision was enacted in 2006. Indeed, had the same alleged incident took place prior to 2006, prosecutors would have needed to show that Burress had the intent to use the gun unlawfully against another person. Unfortunately for Burress, the new law eliminates that intent requirement, making mere possession a felony.
3) Since this New York law is unusually strict and reflects a recent change, couldn't Burress argue that he simply didn't know the law?
Failing to know the law is generally not a defense in criminal law. The presumption is that a person in a jurisdiction knows the jurisdiction's criminal laws, even if those laws are relatively unusual or recently changed. Burress will need a better defense.
4) So what other defenses does Burress have?
It appears that Burress has a difficult road ahead of him, but not necessarily an impossible road. As New York criminal defense attorney and former Manhattan prosecutor Jeremy Saland of Crotty Saland, LLP tells SI.com, state prosecutors need to establish Burress' actual possession of the gun, and need to do so beyond a reasonable doubt.
"It is the facts that should dictate charges, not mere speculation," Saland says. "Since the New York Police Department did not recover the gun from Burress in Manhattan and it does not appear as if Burress made a statement, prosecutors must establish through other means that Burress possessed the gun in New York County. While there are multiple ways to do so, witnesses, including his teammates, or a video bearing out the incident and the firearm could satisfy this element." The testimony of teammate Antonio Pierce (who was at the nightclub with Burress)should thus prove crucial in this case.
5) How can Burress plead not guilty, given the apparent evidence?
The only way, as I see it, would be to argue what Saland suggested: Since the NYPD didn't recover the gun from Burress, and since he has not (to my knowledge) admitted that it was his gun that led to his injury, he could argue that he did not have possession of the gun when it was discharged, or at any other point. This would seem to require that someone else shot him, or that the nature of his possession fails to satisfy the requisite legal standard for possession under New York law.
6) How likely is it that Burress will end up serving jail time as a result of this incident?
Assuming that the criminal possession of a weapon in the second degree charge against him is proven --and based on the purported information about what happened at the nightclub, his prospects for a defense seem limited -- a judge will have to sentence Burress to at least three and a half years in prison under mandatory sentencing. If Burress is cooperative and apologetic, prosecutors could elect to seek lighter charges against him. If he fights the charges and can somehow offer reasonable doubt that he wasn't in possession of the gun, then he would be vindicated. Bottom line: If the purported information is correct, Burress is poised to serve time.
Burress was charged with two counts of second-degree criminal possession of a weapon, which could result in a prison sentence of at least 31/2 years in prison. He was not required to enter a plea Monday and is due back in court on March 31. Burress did not say anything in court
Location: On an Island in the west coast of New England
Posts: 13,133
RE: the NFL, Plaxico Burress and New York City Gun Control laws
With his money and celebrity status I say he pleads out to a lesser charge since they didn't catch him with the gun. He has a great lawyer and there should be reasonable doubt based on what I read. In reality....he is just another thug who has the extraordinary ability to play sports. Give them the money and fame and many go over the line and feel they are exempt from the rules of law.I personally hope they throw him in the slammer.
__________________
Too busy with fishing to spend much time here.
RE: the NFL, Plaxico Burress and New York City Gun Control laws
Quote:
ORIGINAL: stealthycat II
As of December 31, 2007 New York City had 494 reported homicides, down from 596 homicides in 2006. This marked the first year since in 1963 (when crime statistics were starting to be published) that the its total was fewer than 500.
All I know is thats some pitiful numbers they are putting up on the scoreboard. Baltimore/DC area blows those numbers off the charts. They need to work hard to beat out B-more.
Location: On an Island in the west coast of New England
Posts: 13,133
RE: the NFL, Plaxico Burress and New York City Gun Control laws
Perhaps they can put Plaxitive in the butt hutt with his dog loving homi.....Vick..toria. The two should have a lot in common. Onethrows and the other catches and they both play for that new team the losers.
__________________
Too busy with fishing to spend much time here.
the NFL, Plaxico Burress and New York City Gun Control laws
