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Plax’s lawyers haggled a long time with prosecutors, who insisted on two years in the clink. The suits took their chances, the Manhattan D.A.’s office presented a ham sandwich to grand jurors, and an indictment followed.
Plax is taking the deal now. But his attorney isn’t happy: “This was not an intentional criminal act,” lawyer Benjamin Brafman said. “In my judgment, a two-year prison sentence is a very severe punishment.”
But he isn’t a judge. He’s an expert with a law degree who doesn’t like the penalty for ignoring laws that govern lethal firearms, one of which Burress carried across state lines, pulled out in public and fired. To some, the “what if?”s alone are enough to justify the consequences.
A real judge will seal the deal on Sept. 22 — two days after the Giants play the Dallas Cowboys on national TV.
Since weapons possession isn’t classified as violent crime and Burress hasn’t been in trouble with the law before, he could be out in a year and a half.
Burress, 31, then will have to check in regularly with his parole officer for two years.
Had he taken the case to trial, a conviction could have gotten him 3 1/2 years, minimum, behind bars.
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