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Plaxico Burress Indictment on Gun Charges

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By Joel Zand on August 03, 2009 12:19 PM

Plaxico Burress was indicted by a New York City grand jury on two gun possession charges, a 'violent' Class C felony under New York law, and another charge of reckless endangerment, the latest embarassing legal chapter in the former N.Y. Giants wide receiver's fall from Super Bowl stardom less than two years ago.

Manhattan D.A. Robert Morgenthau's office obtained a grand jury indictment against Burress after the Giant accidentally shot himself with a .40 caliber Glock semi-automatic pistol at the New York City nightclub LQ in November 2008.  NYPD and DA investigators subsquently found Burress's unregistered Glock at his Totowa, New Jersey home before Christmas less than a month later.

If convicted, New York's gun laws impose a mandatory minimum sentence of 3½ years up to a maximum sentence of 15 years in state prison. According the D.A., the law would require Burress to serve concurreent sentences on the two charges if he was convicted of both gun possession charges. The reckless endangerment charge carries a maximum sentence of one (1) year in jail.

John Wolfstaetter is the D.A.'s lead prosecutor in the case, while Burress is represented by N.Y.C. criminal defense lawyer Benjamin Brafman.

Giants General Manager Jerry Reese said in April that the team "hung in there as long as we could" after they placed Burress on its 'reserve/non-football injury' list after he shot himself and let legal events take their course.

In a slap on the wrists, the Giants had fined the wide receiver and gave Burress a four-game suspension for conduct detrimental to the team, resulting in approximately $1 million in fines and lost pay.

Burress caught the Giants' game-winning touchdown in the team's Super Bowl XLII win againt the New England Patriots on February 3, 2008.

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