“Most” people probably didn’t have the gun actually go off in a crowded night club and stike someone. Surely there was some reason why the 22% got convicted and the other 78% did not. Plax is one of the 22%.

http://www.nydailynews.com/news/ny_crime/2008/12/06/2008-12-06_plaxico_burress_faces_tough_gun_laws_in_.html#ixzz0OkswdPR8

“Despite Bloomberg’s call for Burress to get the maximum, the team distraction should be encouraged by statistics showing most people charged with second-degree gun possession don’t get convicted of that crime.

In all five boroughs, most have the charges knocked down to less serious crimes or see them dismissed. If Burress pleads to the lesser charge of third-degree criminal possession of a weapon – the crime has no mandatory sentence – he could still do some time. Last year, 60% of the men and women convicted of third-degree possession served time, state officials said.”

Also from the article:

About 22% of Manhattan defendants get convicted on that charge, according to a News analysis of state Division of Criminal Justice data from 2003 to 2007. The conviction rate hovered around 10% in three other boroughs: 9% in Staten Island, 10% in the Bronx and 12% in Queens. Brooklyn had the lowest conviction rate at 7%.

Citywide, 11.4% of the 9,729 defendants charged with second-degree gun possession were actually convicted of that charge, which carries a mandatory 3-1/2 year sentence.

Are you sure? Everyone that does what Burress did in NY either goes to trial and gets a Not Guilty (or hung jury) or goes to the Pen, and has for 40 years? I admit I haven’t researched New York law or followed the case very closely. This could be a crime for which probation is not an option. That said, such charges are routinely reduced to lesser charges as part of plea bargains.

But, as a practical matter, what’s his attorney supposed to say? “Plaxico spent a lot of money to hire me thinking I would keep him out of the pen, his timing was bad, we got some unfortunate, high-placed, grandstanding PR which affected plea negotiations, and as a result, my guy is going to prison, costing him his liberty and millions of dollars while others with the same or similar charges have gotten probation”.

I have absolutely no sympathy for Plax. Carrying a handgun is a dangerous proposition in the first place. Carrying a weapon in the waistband of your pants at a crowded NYC club … the guy should just be thankful he’s alive.

The Manhattan DA has been putting people in jail for gun crimes for forty years. There is aboslutely no ambiguity.