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Plaxico Burress, the 32 year old ex-New York Giant wide receiver who caught the winning touchdown pass in Super Bowl 42, pled guilty on August 20th to attempted weapons possession and will serve two years in prison. Burress, who will be sentenced on September 22nd, took the plea to avoid a mandatory 3 1/2 year sentence if he was convicted of NY illegal weapons possession arising out of his arrest last November when he accidentally shot himself in the leg with an unlicensed Glock automatic pistol.

Prior to the plea deal, Mr. Burress testified before a grand jury, during which he admitted to possessing and firing the pistol. In most cases, defendants are advised to not testify before a grand jury, as it provides the prosecutor with an opportunity to obtain damaging admissions prior to trial.

After his sentencing on September 22nd, Mr. Burress will reportedly be sent to Downstate Correctional Facility in Fishkill, a maximum security prison, to determine where he should be incarcerated. With good behavior, Burress can reduce his sentence by three and a half months.

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Plaxico Burress, the ex-New York Giants star wide receiver who caught the game winning pass in Super Bowl 42, was indicted on August 4th on New York gun possession charges. Burress was indicted on two counts of second degree criminal possession of a weapon and one count of second degree reckless endangerment.

The New York criminal weapon charges stem from an incident on November 29, 2008 at the Latin Quarter nightclub in Manhattan. Mr. Burress accidentally fired his .40 caliber Glock semiautomatic pistol, which had been tucked into the waistband of his jeans, narrowly missing a club employee, and shooting himself in the thigh. Burress had a gun permit in Florida, but that permit expired 7 months earlier, and he did not have a permit in New York.

Apparently, there had been negotiations between the New York County District Attorney’s office and Mr. Burress’ attorney regarding the amount of jail time Mr. Burress would have to serve in a plea deal, but negotiations broke down when Robert Morgenthau, the New York D.A. insisted on more than one year in jail. If Mr. Burress is convicted on the criminal possession charges, New York law mandates a minimum three and a half year prison term.

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In a follow up to an article we published last December, former New York Giants wide receiver Plaxico Burress testified before a grand jury yesterday on a New York illegal weapons charge. Burress was charged with two counts of illegal weapons possession last December after an incident in the Latin Quarter Nightclub when he accidentally shot himself with a Glock semiautomatic pistol he had in his waistband.

Pursuant to Section 265 of the New York Penal Law, the illegal weapons charges could land Burress in prison for up to 3 1/2 years, and apparently, Manhattan District Attorney Robert Morgenthau is insisting on jail time for the ex-star. Burress has been out on $100,000 bail since last December, and there was widespread speculation that Burress would work out a plea deal in which he would not have to serve any jail time. However, since the DA’s office is pushing for a jail sentence, Burress decided to take his chances and testify before the grand jury, which will decide whether to indict Mr. Burress on the charges.

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In a study conducted by the Journal News and published this week, Westchester, Putnam and Rockland Counties have been targeting extreme speeders on I-684, I-87, the Palisades Interstate Parkway, and the Taconic Parkway, among others. The highest speed on record was by a driver of an Acura on I-684 in Southeast who was clocked at 142 miles per hour, and who ended up paying fines of $455.00 for a Putnam speeding ticket of going 95 in a 65 m.p.h zone. Seven drivers have been charged with driving an eye opening 130 m.p.h or faster in 2006 and 2007 in the Lower Hudson Valley, with I-684 leading the way with the most speeders. This is not surprising, as I-684, which stretches from Harrison to Brewster, is a wide and straight road, and speeds have been increasing after the speed limit was raised to 65 mph several years ago.

Notable speeders include rapper DMX, who was clocked at 104 mph on I-684, only to be exceeded by his wife, who was stopped doing 106 mph two years later. Records show that 11,210 drivers were convicted of New York speeding tickets on 684 in 2006 and 2007, more than any other highway in the Westchester, Putnam or Rockland counties. There were 104,259 drivers convicted of speeding during this two year period in the Lower Hudson Valley, with the average speeder going approximately 20 mph over the limit, but 452 drivers exceeding 100 mph.

A speeding conviction of 1-10 mph over the limit will get you 3 points on your license; 11-20 over nets you 4 points; 21-30 over will get you 6 points; 31-40 over results in 8 points, and 40 over or above means your driver’s license is automatically suspended with 11 points being assessed by the DMV.

Of note, the top five roads and jurisdictions for 2006-2007 speeding convictions in the region were I-684 in Bedford with 4,976; the Palisades Parkway in Clarkstown with 2,631; I-87 in Greenburgh with 2,285; I-84 in Kent, with 2,267; and I-684 in North Castle with 2,231. The study found that the State police has the most speeding convictions in the region between 2006 and 2007. The top five departments in obtaining convictions were: The State police in Somers with 8,847; the State police in Haverstraw with 7,406; the White Plains Police Department with 6,642; the State Police in New Rochelle with 5,978; and the Westchester County Police with 5,163.

As a warning to our readers, although it is frequently possible for our New York traffic ticket lawyers to get speeding tickets reduced, and in many instances, get a reduction to a violation with the possibility of no points, be careful in Orange County, especially in places such as Walkill, where Town Justice Raymond Shoemaker, who was a state trooper earlier in his career, has sentenced drivers to up to 15 days in jail for driving 90 mph, 25 mph over the limit. The judge noted that there were several serious car accidents in his jurisdiction over the last 4 or 5 years, and stated: “It appears that it’s mostly young, inexperienced drivers who are involved. How best do you think these kids are going to learn? Just to get a reduced speed, a fine, and a surcharge and away they go? If you’re going to go that kind of speed, maybe they need a little reminder how serious what they have done is.” This ought to send a chill down the spine of speeders in Judge Shoemaker’s neck of the woods!

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Donte Stallworth, the Cleveland Browns star wide receiver, began serving a 30 day jail term this week in Miami, Florida after his guilty plea to DWI manslaughter in connection with the death of 59 year old construction worker Mario Reyes. On March 14, 2009, after a night of drinking at Miami’s Fountainebleau Hotel, Stallworth drove his 2005 Bentley while intoxicated, striking Mr. Reyes, who had just finished his shift as a crane operator and was attempting to catch a bus near the hotel. Stallworth stopped his vehicle after the crash and admitted to officers that he had struck Mr. Reyes. Stallworth’s blood alcohol content (BAC) was determined to be .126, well in excess of Florida’s .08 limit.

After his release from jail, Stallworth must complete two years of house arrest, (which will allow him to continue his NFL career) and be on probation for eight years. In addition to the 30 day jail sentence, Stallworth must undergo drug and alcohol testing, will have a lifetime suspension of his driver’s license, and must perform 1,000 hours of community service. Had Stallworth gone to trial on the charges and lost, he faced up to 15 years in jail. Apparently, after five years, Mr. Stallworth may have an opportunity to obtain a conditional license to drive to and from work if he successfully complies with all conditions of his sentence and has no other charges. Reportedly, Mr. Stallworth has also worked out a financial settlement with the Reyes family.

Contact the Criminal Defense lawyers at the White Plains, New York Law Office Of Mark A. Siesel online or toll free at (914) 428-7386 for a free consultation if you or a loved one has been charged with a crime in New York

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Conses Garcia-Zacarias, the Southeast man who was behind the wheel of a Ford F350 pickup that killed a mother and daughter in Brewster on June 8th, has been charged with first degree vehicular manslaughter, a felony, and driving while intoxicated, a misdemeanor. Garcia-Zacarias allegedly drove the vehicle with a BAC (blood alcohol content) of 0.15 percent, well in excess of the legal limit of 0.08 percent, when he struck Lori Donohue, 37, and her eight year old daughter Kayla, as they were leaving the Seven Stars School of Performing Arts on Rt. 6 in Brewster at 6:30 PM on June 8th. Garcia-Zacarias does not have a license and is in the United States illegally, according to authorities.

The Ford truck is owned by Valerie Ann Renihan, a northern Westchester horse trainer, who has claimed through her attorney that Mr. Garcia-Zacarias stole the keys and did not have permission to drive the vehicle. However, the lawyer did acknowledge that Mr. Garcia-Zacarias, who listed his occupation on a bail form as “horse farm”, had done work for Ms. Renihan in the past.

This case has stirred debate over the twin problems of illegal immigration and unlicensed operation of a motor vehicle, especially in light of calls over the last several years to provide a path to citizenship for those who are here illegally and must operate a vehicle to go to work. Prior to his fall from grace, Governor Elliot Spitzer had offered a proposal for various types of licenses in New York State, which recognized the fact that many undocumented workers are driving vehicles and should be properly trained to do so. However, those proposals died out when Spitzer was forced to resign early last year.

Representatives of Mothers Against Drunk Driving (MADD) contend that the issue is not undocumented laborers operating motor vehicles, but rather the need for stricter enforcement and penalties for New York DWI’s in that this tragedy could just have easily been caused by a United States citizen or legal resident as an undocumented worker.

Mr. Garcia-Zacarias is being held without bail at the Putnam County jail. He will be represented by Putnam County Legal Aid, according to chief attorney Patrick Brophy. The federal Immigration and Customs Enforcement has filed a detainer against Garcia-Zacarias, and in all likelihood, he will face removal (deportation) proceedings at the completion of any criminal sentence against him if he is convicted, or immediately if the charges are not proven.

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Michael Palmieri, an orthopedic surgeon with offices in New Rochelle and the Bronx, was indicted last week on charges that he assisted a former Sing Sing correctional officer defraud the Workers’ Compensation Board out of $40,000. The charges are 3rd degree grand larceny, which is defined as stealing property with a value of more than $3,000, and Fraudulent practice under the Worker’s Compensation Law. The New York grand larceny charge is a felony with a maximum sentence of up to 7 years in prison.

Palmieri is accused of helping former state correction officer Leo Coletti file false injury claims of over $40,000 to the State Insurance Fund between 2004 and 2006. Specifically, it is alleged that Dr. Palmieri prepared and filed false medical reports which claimed that Coletti was unable to work subsequent to September of 2000, when Coletti became Palmieri’s patient. However, according to prosecutors, Coletti in actuality had a thriving general contracting and home renovation business during this time, and was renovating Palmieri’s office and home while collecting Workers Compensation benefits.

Mr. Coletti pled guilty to grand larceny and tax fraud in 2006, and was sentenced to five years probation and ordered to pay back taxes and reimburse the Workers’ Compensation Board. Prosecutors alleged that Coletti collected more than $110,000 in benefits and compensation while earning close to a million dollars in his home improvement business during the same period. It is unclear why it took three years after Coletti’s guilty plea to charge Dr. Palmieri.

Dr. Palmieri was released without bail and is due back in Court on June 26, 2009.

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A 15 year old student at Hendrick Hudson High School has been charged with raping a schoolmate earlier this year at the school in Montrose, New York. The New York first degree rape charge is a Class B felony under the New York Penal Law punishable by a sentence of up to 25 years in prison. State police arrested the unidentified teen on May 18 and indicated that the decision whether he would be prosecuted as an adult will be determined by the Westchester District Attorney’s Office.

The girl reported the rape to her guidance counselor early last month, and school officials contacted police. The victim stated that she had been fondled and then raped in a school bathroom. There is no indication that the teen had a criminal record, but this is still under investigation.

The alleged assailant was held at the Woodfield Cottage Juvenile Detention Center in Valhalla until May 29, 2009, when he was released on $50,000 bond. The case is presently being prosecuted in criminal court, but as the suspect may be charged as a juvenile offender, it may be transferred to the Westchester Family Court.

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A Westchester County grand jury has indicted Thomas Chadeayne, of Cortlandt, on a charge of criminally negligent homicide in the death of 11 year old Michael Cody last August. The indictment arises out of an tragic accident which occurred on the Saw Mill River Parkway on July 30, 2008. Mr. Chadeayne was allegedly driving southbound on the Saw Mill when he attempted to make an an illegal U-turn onto the northbound lanes of the parkway near the county police headquarters in Hawthorne. Chadeayne’s vehicle was rear ended by another driver, and pushed into the northbound lanes, where it struck a vehicle being operated by Michael Cody’s uncle, John Predham, who was driving back home after the family had attended a Yankees game.

Micheal Cody suffered a serious head injury in this New York fatal motor vehicle accident, and died 6 days later from complications of the injury on August 5, 2008. Two other family members in the Predham vehicle were not seriously injured.

Mr. Chadeayne was arraigned on April 23rd, pled not guilty, and released on $10,000 bail. The indictment was issued after a several month investigation by the Westchester County Police and the District Attorney’s Office. According to his attorney, Mr. Chadeayne has no criminal record and is the married father of two handicapped children.

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New York State Senator Hiram Monserrate is facing New York felony assault charges after a Queens County grand jury indictment on March 23, 2009. The indictment charges that on December 19 of last year, Mr. Monserrate assaulted his girlfriend Karla Girardo with a drinking glass, causing a gash that required 20 stitches to close.

Both Monserrate and Girardo have denied the charges, claiming that the incident occurred when Mr. Monserrate fell while bringing Girardo a glass of water. Monserrate alleges that the charges of New York assault are politically motivated due to a “vendetta” that Queens District Attorney Richard Brown has against him. The A.D.A. prosecuting the case pointed to a video showing Ms. Girardo coming out of an apartment with a towel to her face and Monserrate yanking her away as she tries to hold onto a banister as proof that the injury was not an accident. Further, prosecutors stated that Ms. Girardo told hospital personnel that Monserrate had struck her with a broken glass. If convicted on the felony assault charges, Mr. Monserrate faces up to seven years in prison.

Contact the White Plains criminal defense lawyers at The Law Office of Mark A. Siesel online or toll free at (914) 428-7386 if you or a loved one have been charged with a crime for a free consultation with an experienced, knowledgeable lawyer to discuss your legal rights and options.