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Report: Plaxico Plea Will Involve Prison Time

Echoing last week’s report from Sal Paolantonio of ESPN, John Eligon of the New York Times reports that any plea deal reached between prosecutors and Giants receiver Plaxico Burress will require the man who blew a hole through his leg with an unlicensed weapon to spend time in jail.
Apparently, the reduction of charges from second-degree possession (which entails a mandatory minimum sentence of 3.5 years) to third-degree possesion (which doesn’t) is a common tool employed by prosecutors, based on factors such as the defendant’s criminal history, the reason for carrying the gun, and the circumstances surrounding an arrest.
Frankly, we don’t like it. 
It gives the authorities way too much discretion to decide who does and who doesn’t get put away for a minimum of 3.5 years.  Basically, they get to pick and choose which folks they regard as worthy of a reduced charge — and which folks are viewed as deserving to be locked up for a long time.
The process runs counter to the stated purpose of a law that supposedly places a high price on carrying a loaded and unlicensed firearm.  If the idea is to deter such conduct by threatening them with a 3.5-year mandatory sentence, the notion that the book will be thrown only at the guys (or the occasional girls) whom the prosecutor regards as worthy of a 3.5-year sentence makes little sense.
The problem is that, without some objective and fair test for deciding which defendants who are obviously factually guilty (like Burress) get put away for 3.5 years and which ones get a deal for something far less than that, the prosecutors have too much power to dramatically affect the lives of people who have committed the exact same crime.
Though we realize that such dynamics are common in the criminal justice system, we can’t think of a more stark example of prosecutors having the power in one instance to take a hard line and in one case to show mercy, based on exactly identical facts.
That said, we’re not saying that Burress should be sent away for 3.5 years.  We’re only saying that the illegal gun possession law should provide for truly equal justice.  The second-degree/third-degree game that prosecutors can play with this specific law suggests to us, as currently constituted, it doesn’t.

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83 Responses to “Report: Plaxico Plea Will Involve Prison Time”
  1. WhoDeyBuck says: Mar 30, 2009 9:50 AM

    Florio, you liberal douche bag. The real crime here is that NY even has this stupid law. Every person has the right to self defense. If Plaxico was in a number of different states, there would be zero legal penalties. Explain how behavior with absolutely ZERO malicious intent to do harm is perfectly fine in one state but results in a felony conviction with mandatory prison time in New York.

  2. olcap says: Mar 30, 2009 9:51 AM

    I agree; we’re seeing way too much of a double-standard with the imposition of punishment concerning celebrities and the rich, and that imposed on regular folks. This condition is building up to what will, at some point, be a nasty revolt.

  3. Ralph GreNader says: Mar 30, 2009 9:53 AM

    You’re such a crybaby. So let me get this straight you don’t think he should go away for 3.5 years but you think he should go away for 3.5 years? instead of allowing prosecutors to right an unfair situation you think he should be locked up anyway. Mike, your argument makes little if any sense.

  4. BigDiceBuddha says: Mar 30, 2009 9:54 AM

    Okay, question. You say, he’s getting special treatment. According to the article:
    “Last year, 986 cases in New York involving the same charges as Mr. Burress faces were resolved, and 90 percent of them resulted in convictions for less serious crimes, half of them misdemeanors or violations, said John M. Caher, a spokesman for the New York State Division of Criminal Justice Services.”
    So is he getting preferential treatment? Or is he getting the same as everybody else. It sounds like you are advocating making an example of him, which would be the exact opposite of getting preferential treatment.

  5. SoDev says: Mar 30, 2009 9:54 AM

    Normally when people call you and idiot I think they are just being douches, Florio, but I’m starting to see the light.

  6. Heart.Peyton says: Mar 30, 2009 9:56 AM

    I’m just trying to get my head around what the ‘spirit’ of this particular law is, what it was meant to do. I know that Plax clearly had an illegal firearm, and the law states that he should get 3.5 years, somehow I still don’t think that’s entirely appropriate given the circumstances and Plax’s rationale for possessing the weapon. I know a bunch of puritans around here are gonna say: “The law’s the law, turd this, turd that, etc etc.” But let’s take a moment to think about it: this particularly strict law doubtless exists to take a bite out of gang violence and culture in an effort to put the people who are likely to have these illegal guns (thugs) behind bars before they do anything worse, and maybe also to deter young thugs from acquiring these firearms. Plax doesn’t meet that mold. The gun that turned his thigh into swiss cheese was probably never meant to harm someone or to commit a violent crime. Plax clearly had that gun for self-defense.
    Granted he should’ve known better (and got it registered), but I don’t think a slip up like that merits 3.5 years, for anyone. I think that goes against the spirit of the law, what it was actually INTENDED to prevent, and I’m glad that the prosecutor can actually dictate a changeup if need be.
    I think a lot of people around here are really quick to cry ‘turd’ and clamor for ‘justice.’ It seems more vengeful to me than retributive, lighten up people!

  7. myteamrivals says: Mar 30, 2009 9:57 AM

    Not sure I agree with you on this one. The prosecuters should have discretion. If, for instance, Plax had a lengthy criminal record and was using the gun in the commission of a crime doesn’t that have any bearing?

  8. diehardbearsfan says: Mar 30, 2009 9:58 AM

    Can’t say that I’m surprised that Plax found a loophole

  9. Zuma48 says: Mar 30, 2009 10:01 AM

    Equal justice? Is there such a thing in this country? Mandatory sentences can be quite the joke. If your poor then you got the mandatory sentence. Too bad. The middle class. You get it too unless you have enough for a good lawyer. The rich and famous? Well, that’s who deals are made for. Plax will play this year. You can bank on it.

  10. Jed_S says: Mar 30, 2009 10:05 AM

    Yet another post that makes every attorney who reads it cringe. Prosucutorial discretion is a vital tool for encouraging cooperation by defendants, which is the only thing that keeps the courts from clogging up completely (which would lead to every defendant getting off scott free because of the Constitution’s speedy trial gaurantees). Prosecutors rarely “take a hard line,” and when they do, it’s almost always for repeat offenders who have not cooperated with the authorities.
    Once again, I am so glad you’re not my lawyer.

  11. goner says: Mar 30, 2009 10:06 AM

    Florio, you and His Honor the mayor should go in together and buy the biggest soapbox you can find and then you can take turns spewing. Plax should get whatever the accepted practice for a first time offenders is, and not be the poster child for the bully pulpit crowd. Next you’ll be advocating 30 days in the electric chair. Thanks for the cardio workout now for my moment of Zen!

  12. slutnuts says: Mar 30, 2009 10:07 AM

    Whodey- the difference between self defense and committing a crime is the fact that his gun was not registered. which is the point. people who do not register their guns generally use them in a way which is not self defense”. its easier to get away with a crime if those looking for a gun type do not know who owns the gun type.
    sidenote: burress will do all jail time in the off-season, a la bradshaw and j. lewis.

  13. zuke583 says: Mar 30, 2009 10:07 AM

    “Florio, you liberal douche bag. The real crime here is that NY even has this stupid law. Every person has the right to self defense. If Plaxico was in a number of different states, there would be zero legal penalties. Explain how behavior with absolutely ZERO malicious intent to do harm is perfectly fine in one state but results in a felony conviction with mandatory prison time in New York.”
    i wish plax had accidently shot you instead

  14. benniehifive says: Mar 30, 2009 10:07 AM

    I think this law is a little bit harsh, however, it’s up to each individual state/city to determine it’s own laws. So if New York wants to throw the book at people that are packing unlicensed, loaded handguns in their city, well so be it. Also, let’s not forget that this guy was brilliant enough to shoot himself in the leg while out in a public place, do we really want him walking around with the rest of us? Sorry, but the law is the law, unless of course you have enough money to make the law not the law.

  15. bigdaddy436 says: Mar 30, 2009 10:07 AM

    If the Giants make a trade and get Edwards, Burress gets 3 1/2 years….If the Giants can’t make a trade he gets probation.

  16. Bob_Nelson says: Mar 30, 2009 10:09 AM

    If we do not license newspapers and blogs under the first ammendment,
    what business is of New York to put a license on 2nd amendment rights?
    Possesion of a gun should not be illegal.
    The guy suffered the indignation of a self inflicted wound and will learn from it to handle his weapon more safely.
    There certainly is no criminal intent.
    The guy should fight this government tyranny and attempt to deprive him of his constitutional rights.
    Negligent discharge of weapon may be illegal but mere possesion should never be illegal for a nonfelon.

  17. Big Daddy Rog says: Mar 30, 2009 10:10 AM

    It’s really amusing to hear someone as experienced with the legal system as you rail against the long standing concept of prosecutorial discretion. What next; an assualt against Marbury v. Madison.
    Any discretionary power can be abused and prosecutorial discretion certainly has in the past. I suspect that Mr. Burress’ case would have already been plead down however if it had not been for the overzealous interference of Mayor Bloomberg seeking to prejudice the normal course of the justice system.
    If Burress were an unknown wealthy father in similar circumstances, his case would already have been reduced and plead out. The fact that he is famous, a starting WR in the NFL, and a “dangerous black man are all factors as to why Mayor Bloomberg has singled out Burress for more than normal attention and punishment from the criminal justice system.
    Of course, Burress and his NFL friends have the resources once his case is resolved to wage a public relations war against Bloomberg and can even do so at a remove through foundations, ad agencies and other cat’s paws. I can’t imagine the mayor will be attending many Giants games in the near future.

  18. Raider Pride says: Mar 30, 2009 10:12 AM

    I agree with Mr. Florio.
    Burress should get the max. Bad hands!
    If Plax was any good he would have caught the bullet before it hit his leg, then we would not even be discussing this.
    Greg Jennings would have caught it.

  19. jaybatt79 says: Mar 30, 2009 10:14 AM

    Whodeybuck,
    What state is it legal to carry an unregistered, concealed firearm in your sweatpants without a permit? And since when is being tough on crime liberal? In most cases liberals see more room for nuiance in laws like you appear to be arguing for while conservatives usually call for strict interpretation. So maybe you’re actually the liberal douschebag here.

  20. Bud Grant says: Mar 30, 2009 10:14 AM

    You’re talking pie-in-the-sky policy like you went to Harvard or Yale instead of Morgantown School of Law and Beauty Academy. Prosecutors have all the discretion; they always have and they always will as long as they control charging decisions and negotiate pleas. It is clear that you have never done any criminal defense work. As for mandatory minimum sentences combined with strict prosecutorial practices, even the feds are starting to admit that they haven’t worked all that well.

  21. thevlture says: Mar 30, 2009 10:17 AM

    I have to go with Florio on this one. The country’s plea bargain mentality is why crime has always increased and part of the reason why we have 20 million illegals in the country. If the law says 3.5 years, then he should get 3.5 years especially in a case that has no doubt. He did it. Case closed. Do I agree with New York’s concealed carry ban? No way but it’s also part of the reason I would never, ever live in New York. He chose to live there and knowingly break the law. Tough. That’s why we have state laws. Live where you agree with the laws of the state; don’t bitch after you’ve broken them.

  22. RedStang says: Mar 30, 2009 10:18 AM

    Objective and fair test, you mean like a trial? This system was obviously setup to give an out to those, like Plax, who broke an unconstitutional law without malice or intent to harm while maintaining the ability to severly punish those who were not simply carrying for self defense.
    Self defense. You know, one of those inalienable rights that our founders recklessly assumed that we had and used the Bill of Rights to affirm. For those who don’t know, that would be the 2nd ammendment.

  23. inmymind says: Mar 30, 2009 10:18 AM

    The 2 classes of people left in the country is becoming more and more clear. This 2 class system has been the downfall of many great societies. Florio has a right to be angry that based on the economic situatio of a defendent and broad application of a law can take place. While the politicians write a law to have mandatory minimums, a prosecuter has to much personal leeway to go against what was voted as the will of the people.

  24. brettman says: Mar 30, 2009 10:19 AM

    No one needs to carry a gun to a nightclub. Period. You morons who think it is some god given right, really need to take a step back and realize how stupid that is.

  25. realityonetwo says: Mar 30, 2009 10:21 AM

    No multimillion-dollar athlete is going to go to jail for shooting himself accidentally… And I’m not sure any poor slob would, either.

  26. icase81 says: Mar 30, 2009 10:22 AM

    WhoDeyBuck says:
    March 30th, 2009 at 9:50 am
    Florio, you liberal douche bag. The real crime here is that NY even has this stupid law. Every person has the right to self defense. If Plaxico was in a number of different states, there would be zero legal penalties. Explain how behavior with absolutely ZERO malicious intent to do harm is perfectly fine in one state but results in a felony conviction with mandatory prison time in New York.
    Frankly, because he broke the law. In the United States of America, we have STATES RIGHTS. States can make their laws as stringent as they want and you have to abide by them when you’re in that state. If Plaxico was in Alabama, I’m sure its all good. But guess what? He wasn’t. He was in NY, where is employed, and lives in close proximity to. He knew you needed a license because he had one in Florida where is primary off season residence is. Lets face it, he broke the law knowingly believeing that it would never be a problem. He gambled with the law and lost. He should now have to face the consequences. If you get pulled over in PA for 75 in a 65mph zone, can you get off with ‘Come on officer, if I was in Virginia, I wouldn’t have been pulled over because 75mph is legal there’ or if you get arrested in California for sexual relations with a 14 year old, do you get to walk merely because thats legal in Alaska?

  27. Heart.Peyton says: Mar 30, 2009 10:23 AM

    I wish Canada had a second amendment like you guys do. Ours is probably about beavers or something… that’s way less fun than guns for everybody. Our forefathers were pussies.

  28. GMenbacktoback says: Mar 30, 2009 10:25 AM

    he will go to jail.. Too much political posturing going on with Bloomberg when this first happened.. 3 yrs? probably not. 6 months? probably so….

  29. Vox Veritas says: Mar 30, 2009 10:27 AM

    “If Plaxico was in a number of different states, there would be zero legal penalties.”
    What states would those be?

  30. thevlture says: Mar 30, 2009 10:27 AM

    Unconstitutional? That’s a joke that made me chuckle. Since when has this country been governed by the Constitution? Where in there does it state that I have to pay for everyone’s kids to go to public school? Where is the “welfare amendment” of the Constitution? Do you think the Founding Fathers were interested in a progressive tax system that puts an unfair burden on the prosperous? Or allowing millions of people every day to violate our sovereignty and get a free pass or amnesty? I doubt it.
    If you still think the Constitution has any bearing on the direction of this country, you’re living in dream land.

  31. Bud Grant says: Mar 30, 2009 10:28 AM

    I always enjoy these debates on “liberal” and “conservative” approaches to law enforcement. They might as well be talking about Star Wars vs. Star Trek. You know what we call a liberal? A conservative whose child is about to get a 5-year mandatory.

  32. DFeez says: Mar 30, 2009 10:29 AM

    Plaxico deserves the maximum punishment. That type of wrecklessness and irresposibility deserves real hard time. If this loser gets off with some 90 days jail time by saying “Hey, the gun IS registered to me in another state, and I had no malicious intentions, and did hard to no one but myself and my career” then I’ll absolutely puke. PROSECUTE TO THE FULLEST EXTENT!
    Sincerely,
    Leonardo Little

  33. davidmp2 says: Mar 30, 2009 10:31 AM

    Prosecutors upcharge all the time. Was there probable cause to charge him with the higher violation? Yes. Was there enough evidence to convict him of the lesser charge? Yes. Charging him with the higher count promotes judicial economy by assuring a plea on the reduced charge. There is no wasted time, money, etc. and the accused is convicted of the correct crime. Don’t be a complete moron Florio.

  34. Tennessee_Tyrant says: Mar 30, 2009 10:35 AM

    all statements above are idiotic . Most of you sound like you want to be gangbangers so the hopes of being caught with a gun would make you more likeable … Retarded . Any moron who carries a LOADED gun into a PUBLIC area should automatically be jailed, if the firearm goes off and hits someone , say , a child , what would be the outcry then ? Just because Cheddar Bob shot himself and he’s black, the majority think he should get a slap on the wrist as long as he says ” its for protection “. What are you paying those 2 burly ogres for then ?They have a gun but with a liscence to carry it . Cheddar Bob wanted to play the part of the RatPack with his few friends and it “backfired”( thats a good one , get it …backfire-i’m slaying em ), if it had hit ANYTHING else in that building , that is recklass manslaughter if not 3rd degree murder . Its not defending himself if he has bodyguards to do that for him , and as far as carrying a weapon -You HAVE TO BE liscenced first off Whodeybuck, otherwise everyone would have a gat . He wanted to impress the others around him that night , well , lets see how many friends he makes in Ruckers .

  35. goner says: Mar 30, 2009 10:38 AM

    second thought, Florio, you said he is getting Special attention. I agree, if he was Joe Blow you wouldn’t care if he got a plea. The special attention is from the “let’s make an example of him crowd.” Hey let’s play a game Florio, you are a lawyer so give us a short defense for Plax. I would love to hear how a high power Atty. would defend this. The challenge has been laid out.Florio answer the bell!

  36. Dukekit says: Mar 30, 2009 10:39 AM

    How are these prosecuters going to make a living if the can’t let rich people go free. And what about their relatives!!!

  37. Tuck You says: Mar 30, 2009 10:41 AM

    Prodigy (of Mobb Deep/G Unit) got 3.5 years for carrying a loaded 22. This ain’t good for Plax. Granted Prodigy is a rapper so the cops prob had it out for him anyway. Still not a good situation.

  38. tv says: Mar 30, 2009 10:41 AM

    Jail time couldn’t have happend to a nicer thug. Perhaps he can hook up with Vick for a prisoners vs. guards game. Nah, Vick would miss him by a mile with any pass and Plax would just likely drop a close one anyway.

  39. Vox Veritas says: Mar 30, 2009 10:44 AM

    “But let’s take a moment to think about it: this particularly strict law doubtless exists to take a bite out of gang violence and culture in an effort to put the people who are likely to have these illegal guns (thugs) behind bars before they do anything worse”
    Do you mean like maybe… shooting themselves? Or somebody else?
    I’ve got a plea deal for Plastico. Plead guilty to second degree possession and we won’t charge you with discharging a firearm within city limits.

  40. Vox Veritas says: Mar 30, 2009 10:49 AM

    “Possesion of a gun should not be illegal. ”
    It’s not.
    “There certainly is no criminal intent.”
    Except for the fact that he intentionally carried a loaded, unlicenced firearm into a bar. Which is a criminal offense, by the way.
    Honestly, what’s so hard for you mutants to get?

  41. promichael says: Mar 30, 2009 10:50 AM

    Florio you want Burress to get treatment that is less than
    favorable to what everyone else receives. I don’t get it?
    Your conservative perspective is that Burress should get
    42 months behind bars. The prosecutors office as reported
    by John Eligon of the NY Times uses many different reasons
    to evaluate a defendent; past criminal history, cooperation
    etc… so what is the issue? Each defendent has a different
    set of circumstances.

  42. crackbubba says: Mar 30, 2009 10:55 AM

    This is a general problem with the American Justice system. They throw away poor less legally troubled kids and the rich ones get out for bigger crimes. It’s all about the money.

  43. lithiumfx26 says: Mar 30, 2009 10:56 AM

    zuke583 says:
    March 30th, 2009 at 10:07 am
    “Florio, you liberal douche bag. The real crime here is that NY even has this stupid law. Every person has the right to self defense. If Plaxico was in a number of different states, there would be zero legal penalties. Explain how behavior with absolutely ZERO malicious intent to do harm is perfectly fine in one state but results in a felony conviction with mandatory prison time in New York.”
    i wish plax had accidently shot you instead
    Totally agree. Tough break Plax, there is always FUBU.

  44. mcannan78 says: Mar 30, 2009 10:56 AM

    Lets be real here, if Plax goes for 100+ catches, 10+ td, and 1000+ yds all is forgotten.

  45. Trey says: Mar 30, 2009 11:00 AM

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

  46. dbn32 says: Mar 30, 2009 11:04 AM

    What an amazing crock of shit. Just because he’s a NFL star. It makes me think twice about
    the criminal system. He could hurt/ killed someone. NO EXCUSES,NO PRIVLEDGES. His
    ass should be held to the original charge and be the next 3.5 years in jail.

  47. Vox Veritas says: Mar 30, 2009 11:05 AM

    “Of course, Burress and his NFL friends have the resources once his case is resolved to wage a public relations war against Bloomberg”
    Yeah I’m thinking that you could add every Giants players’ net worth together with everything the Mara family has and it still wouldn’t get close to Bloomberg’s 20 billion.

  48. Pea Tear Griffin says: Mar 30, 2009 11:12 AM

    Your clearly not a defense lawyer.

  49. Inept_guy says: Mar 30, 2009 11:21 AM

    It is really sad to read some of the moronic things written here. At least some of you got it right. First of all, we need prosecutorial discretion, we have always had it and always will. Second, I am all for gun rights (I own and carry one regularly) but you A. need to register it in most places and B. you need a license to carry it concealed in all places. These really aren’t prohibitive laws. Go fill out a form, if you haven’t been convicted of a major crime, you will get the permit. Finally, with all of this talk about how either rich people get off or celebrities get made an example of. He should end up with a suspended sentence if there wasn’t all of this media attention. He won’t because Bloomberg wants to make an example out of him. It isn’t because he hates black people or of that other BS people have thrown out there. He pretty much has to. If he doesn’t go after Plax, then he is showing that HIS law has no teeth. I am sure it has nothing to do with his feelings for Plax, but just because he is a celebrity. That being said, my prediction is that he avoids the 2nd degree with mandatory jail time and ends up getting something like a year, serving 3-4 months and the rest suspended.

  50. bboyno says: Mar 30, 2009 11:21 AM

    What I don’t get is the accident argument, guns have safeties.

  51. rebdaddie says: Mar 30, 2009 11:21 AM

    I bet all the people who disagree with Flori have no concept of the law. The laws are written for a reason…TO PROTECT THE PUBLIC. What if Plaxico had shot himself and the bullet hit someone else? Then what still let him go. ALL states have gun control laws for a reason. I have a permit, BUT am not allowed to carry it everywhere.
    Beside Ofc. Powell from Dallas PD probably shot him.

  52. DCIrish says: Mar 30, 2009 11:22 AM

    He should have asked for Ray Lewis’ lawyer.

  53. dolfan99_34 says: Mar 30, 2009 11:32 AM

    Mike… you know as well as any of us “non-sheeple” that the government does this all the time. If you’re a star or you have enough money you can “buy justice” right or wrong.
    I’m not surprised by this at all. I’m glad that he’ll get a reduced sentence since I thought the charges were overblown anyway, but at least he has the money and the “star power” to do it… any other poor sap would have done the 3.5 years without question.
    It’s a sad thing to look at in this so-called “free” country, but that’s what we’ve resuced ourselves to and most refuse to see it.

  54. jkorn1818 says: Mar 30, 2009 11:32 AM

    This is a lil harsh. I know of a few people i grew up with who were busted with a gun in NYC, first offense, one was the giuliani era and one Mayor Mike, both did zero time. This is one instance that the fact he is a star, is hurting him over regular society. People plea down all the time, not just in nyc but all over, even murderers and rapists who have information regarding other aspects in their cases. If it was myself or anyone who posts on here, no one would give a damn if we got caught with a loaded weapon, nor would it make the newspaper. He didnt leave his home with the intent to harm someone, rob a person or do a drive by. Im tired of hearing but he could have hurt someone, and he could have killed himself and the bouncers at LQ could have also not allowed him in, they knew he had a gun, but it looks good in page 6 in the post showing plax and pierce hanging out there. A lot of coulda, shoulda. Where is the jailtime for bloombergs buddies when he was bailing them out on wall street? Where real lives were being affected, like my friends losing their 401k’s and family members being laid off etc etc etc. Their harsh penalty was a bailout and flying in their private jets to meet officals. I guess since they werent wearing sweatpants thats alright. Burress only hurt himself, people are taking walks for hurting peoples families, albeit, not with a gun but with their life savings. Good timing though, mayor mikes face was plastered all over the news about plax that the rest of the nation forgot about all the other crooked ish going on, the same guy who is throwing the book at him, last time i checked he doesnt decide jailtime. If he didnt run his mouth about 3 1/2 yrs, we wouldnt be discussing that. hes a moron, not a criminal. If anyone on here had a relative stupid enough to carry a gun and you know it wasnt for the intent to harm, im sure youd think jailtime would be absurd too.

  55. Brewster says: Mar 30, 2009 11:38 AM

    goner says:
    March 30th, 2009 at 10:06 am
    Next you’ll be advocating 30 days in the electric chair.
    __________________________________________________________
    Great line, and Bill Parcells thought Elvis Patterson was toast.

  56. jkorn1818 says: Mar 30, 2009 11:46 AM

    Tennessee_Tyrant says:
    firearm goes off and hits someone , say , a child , what would be the outcry then ?
    Yeah, let’s put him in Jail bc it coulda have been a child or a baby, you know because it happened in a nightclub. He didnt trip and stumble in the playground, granted he was wearing a more suitable outfit for the schoolyard w his baggy sweats.

  57. texline says: Mar 30, 2009 11:47 AM

    I can explain this all in four letters. C A S H!!!!!!!

  58. Wrathchild says: Mar 30, 2009 11:47 AM

    “I wish Canada had a second amendment like you guys do. Ours is probably about beavers or something… that’s way less fun than guns for everybody. Our forefathers were pussies. ”
    Except our second amendment doesn’t allow someone to carry a loaded, illegal firearm into a crowded bar. Our second amendment doesn’t even allow citizens the right to bear arms. People like to remove “well armed militia” and insert “citizen,” to suit their needs, but the fact remains it isn’t a Constitutional right.

  59. jkorn1818 says: Mar 30, 2009 11:47 AM

    why does everyone keep saying he should get his original 3 1/2 years and it’s an outcry if he doesn’t. When was he ever sentenced to 3 1/2 years. Because bloomberg says so? If mayors can just hand out sentences, what would the pt of the judge, jury, lawyers and the whole judicial sentence be. Everyone is so fixated on this 3 1/2 yr BS. What is the sentence for insurance fraud, stock fraud, embezzlement? Charges a lot tougher than 3 1/2 yrs. Children, men, women, were all affected by those schemes and what’s their penalty, giving back 90% of their bonuses. Great. Our penalty is losing our 401k, our life insurance policies. Come off that 3 1/2 BS already.

  60. TCLARK says: Mar 30, 2009 11:57 AM

    WhoDeyBuck
    I regret that I have only one one to rate you.

  61. TCLARK says: Mar 30, 2009 12:04 PM

    Heart.Peyton says:
    I wish Canada had a second amendment like you guys do. Ours is probably about beavers or something… that’s way less fun than guns for everybody. Our forefathers were pussies.
    We twice tried to take over Canada. Got our asses kicked both times. Far from pussies.

  62. Cramz32 says: Mar 30, 2009 12:04 PM

    Vermont and Alaska. Those are the 2 states where it is legal to carry a concealed gun without a license. Almost NO states require gun registration, but NY does require licensing for handgun purchases. I don’t know about discharge bans in those states, but it is very unlikely that you could carry a concealed gun into a crowded nightclub and have it go off in ANY state and not break any laws. That said, doesn’t it seem like jail is the wrong prescription here? I mean, a TON of community service where Plax could teach kids not to do what he has done, seems like a better course of action.

  63. Ralph GreNader says: Mar 30, 2009 12:11 PM

    Probably coming from a Divorce Lawyer

  64. wileyfox says: Mar 30, 2009 12:14 PM

    Welcome to the good ole USA! thats the way things work – the criminal justice system is totally flawed. Not only do the prosecutors get to pick and choose who they nail – so do the judges! The judge does not have to accept the plea deal. Judges have way too much power in this country. They are like God. There should be uniform penalties for each crime.

  65. Jiggabear says: Mar 30, 2009 12:21 PM

    Is this a law review or a football site? Nevertheless, it seems as if the intent of the law is to discourage people from carrying illegal sidearms. Plax’s gun was registered before in Florida, and his lazy behind didn’t reregister in NY. There was no intent to harm anyone and was carried in a purely defensive aim. I don’t understand why that is not an effective test. Intent is used in many many different areas of law.

  66. Wrathchild says: Mar 30, 2009 12:35 PM

    @bboyno “What I don’t get is the accident argument, guns have safeties. ”
    No safety could ever cover Plax.

  67. diehardbearsfan says: Mar 30, 2009 12:37 PM

    The bullethole found a loophole

  68. Vox Veritas says: Mar 30, 2009 1:07 PM

    jkorn1818 as usual, you’re an idiot. None of that has anything to do with Plastico Burress. I guess I have to ask you the same sarcastic question you asked when a player for another team injured his neck… Awwww, why do bad things keep happening to good people like Plastico Burress?

  69. Vox Veritas says: Mar 30, 2009 1:08 PM

    “Yeah, let’s put him in Jail bc it coulda have been a child or a baby, you know because it happened in a nightclub.”
    Right because bullets have never been known to, you know, go through walls or glass or anything.

  70. Vox Veritas says: Mar 30, 2009 1:13 PM

    “Intent is used in many many different areas of law.”
    So basically you’re saying that he didn’t intend to carry a loaded, unlicensed handgun into a Manhattan night club?

  71. MrExcite says: Mar 30, 2009 2:06 PM

    Arguing with lawyers on the internet makes me want to put a Glock in my waisteband and visit their cushy health club . . .

  72. jkorn1818 says: Mar 30, 2009 2:06 PM

    Vox Veritas says:
    March 30th, 2009 at 1:07 pm
    jkorn1818 as usual, you’re an idiot. None of that has anything to do with Plastico Burress. I guess I have to ask you the same sarcastic question you asked when a player for another team injured his neck… Awwww, why do bad things keep happening to good people like Plastico Burress?
    what?

  73. BigDiceBuddha says: Mar 30, 2009 2:40 PM

    Most of you have little reading comprehension skills, if you even read the article at all. You know, not the opinion piece, but the one with the actual FACTS.
    All of you crying that Plaxico’s starpower/celebrity is getting him off, again, how do you respond to this very clear part of the article linked?
    “Last year, 986 cases in New York involving the same charges as Mr. Burress faces were resolved, and 90 percent of them resulted in convictions for less serious crimes, half of them misdemeanors or violations, said John M. Caher, a spokesman for the New York State Division of Criminal Justice Services.”
    So 887 people out of 986 recieved reduced charges. Are you guys saying that 887 people were some sort of celebrities and the other 99 were just poor schlubs that just got screwed?

  74. HelmetKing says: Mar 30, 2009 3:12 PM

    Wrathchild says:
    March 30th, 2009 at 11:47 am
    >>…Our second amendment doesn’t even allow citizens the right to bear arms. People like to remove “well armed militia” and insert “citizen,” to suit their needs, but the fact remains it isn’t a Constitutional right.
    <<
    Militia- an unauthorized group of people <<(CITIZENS) who arm themselves and conduct quasi-military training

  75. hulksmash says: Mar 30, 2009 3:46 PM

    For those who want to know what states allow an unregistered gun to be carried without a permit. Vermont, Alaska.
    Most states don’t require a firearm to be registered and many allow carry with a permit pretty much anywhere. Some places in the states actually believe in the 2nd amendment and allow citizens the human right to self defense. Some day, I hope everyone understands that everyone has this right.

  76. rew14478 says: Mar 30, 2009 3:47 PM

    I agree that the law is meant to deter the criminals from even carrying a gun. I also agree that we are afforded the right to bear arms to protect ourselves. I also like the discretion in this case. Lets face it, some hard working, none criminal folks in this country do not need to be carrying around guns outside of their homes because they lack one thing, COMMON SENSE! Unfortunately, the goverment can’t tell certain folks that society would be better off if they had no off spring. This law at least gives the goverment discretion to enforce the law that is used to deter criminals and DUMBASSES! Carrying a gun in the waist band of your sweat pants while in a night club doesn’t make you a criminal, guess what it makes you?

  77. brian_21 says: Mar 30, 2009 4:12 PM

    Well said.
    But still, sometimes discretion is good. Not because he is a celebrity — but there is noo way Plaxico deserves 3.5 years in the slammer.

  78. madcity9 says: Mar 30, 2009 4:21 PM

    Concealed carry laws aside for a moment… Plax is quite guilty of negligently discharging a firearm.
    Carrying a concealed weapon is a very serious thing to do. If the gun goes off, it better be to defend yourself. It doesn’t matter that he shot himself or if he would have hit nothing (hitting an innocent bystander would obviously been worse).
    He fired a gun in a public area without any regard to anyone else’s safety and for that there should be consequences.

  79. Zaggs says: Mar 30, 2009 4:29 PM

    If New York’s carry laws do dont provide for equal justice, why the hell should punishment?
    Also no one, regardless of of their wealth, would be sent away for 3.5 years for carrying a gun after their neighbor or coworker was held up at gunpoint. That would be a grand argument to put forth “since the police cant protect you, you shouldn’t protect yourself either.”

  80. Vox Veritas says: Mar 30, 2009 6:52 PM

    Don’t know where you guys are from but where I’m from a criminal = somebody that commits a crime. The man knowingly and intentionally took a loaded, unlicensed handgun into a Manhattan nightclub in violation of the law. He committed a crime, ergo he is a criminal. To make things worse, he committed another crime when he discharged the weapon. And he committed another crime when he conspired to cover the incident up. He told Antonio Pierce to get rid of the weapon, and Pierce committed a crime by helping. Pierce transported the unlicensed firearm across state lines to New Jersey. That’s a FEDERAL crime.
    As far as I’m concerned the DA’s office has been going easy on these guys for months.
    Zaggs, Burress didn’t get busted for carrying a gun, he got busted for carrying an unlicensed gun. Why they didn’t bust him for the other stuff is anybody’s guess.

  81. Tennessee_Tyrant says: Mar 30, 2009 8:27 PM

    how are you missing the actual point ? He fired a loaded weapon in area that is deemed public , therefore endangering the lives of every individual present as well as those outside the club . Just wait until a few of the people sue him for distress as well as some other neurological problems , and they will win . He DOES DESERVE the time that is set – the sentence was placed AFTER he did this but well BEFORE , as well as heavily advertised in the NYC and surrounding areas . He cant state he didnt know the law , cause as im sure you all have heard before , ignorance is no excuse for the law . He committed the crime, point blanc ( literally , ha ha , he has a leg up on this story , ha ha ha i’m fantastic )he will get what he is entitled to . LIVES WERE ENDANGERED , therefore he could be held for either reckless attempted manslaughter, or attempt in the 3rd degree . Even damage done to yourself is against the law … did you know that ?

  82. BigDiceBuddha says: Mar 31, 2009 8:37 AM

    Vox Veritas says:
    “As far as I’m concerned the DA’s office has been going easy on these guys for months.”
    But at least he didn’t try to murder somebody in a barber’s chair with a pair of scissors for not being able to be next in line for a haircut ala Michael Irvin. How much time did Irvin get for that again?

  83. cantgetenough says: Mar 31, 2009 11:36 AM

    See you guys are looking at this the wrong way. Plax broke the law, and then realized it, and then tried to take the perp down himself. So he’s really pretty much a hero.

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