Jan 7, 2010 3:56 pm US/Eastern
NY Refuses To Free Plaxico Burress On Work Release
NEW YORK (CBS) ―
-
-
New York Giants football player Plaxico Burress enters Manhattan Criminal Court March 31, 2009 in New York.
Stan Honda/AFP/Getty Images
Plaxico Burress is not getting out of prison just yet.
The work-release application for the ex-Giants star was denied by the New York Department of Correctional Services because of the nature of his crime. Burress pleaded guilty in August to attempted criminal possession of a weapon for having a loaded handgun in a nightclub that went off and shot him in the leg.
"At no time did you report this incident to local law enforcement. As such, it is determined that you must serve a greater portion of your sentence prior to consideration for potential participation in the temporary release program," the ruling said.
The program would have allowed him to spend some portion of his two-year sentence at home. The announcement was made Thursday.
Burress applied for the furlough Nov. 25, about two months into his sentence. Though he had no prior record, the decision wasn't a surprise; less than 5 percent of the more than 31,500 work-release applications in 2008 were granted.
Burress can appeal, and may also reapply for work release in six months. His attorney, Benjamin Brafman, declined to comment.
Burress, then a Giants receiver, was at the Latin Quarter nightclub in November 2008 with a .40-caliber gun tucked into the waistband of his track pants. He later said he was concerned for his safety because a teammate had been held up at gunpoint days before. The weapon slipped down Burress' leg and fired, injuring his right thigh.
The gun wasn't licensed in New York or New Jersey, where Burress lived, and his Florida concealed-weapons permit had expired. He also failed to report the incident to authorities.
Prosecutors argued the bullet narrowly missed a security guard.
Then-Manhattan Chief Assistant District Attorney Mark Dwyer said last month that a quick furlough would send a bad message. The district attorney's office did not immediately comment Thursday on the application denial.
It turns out, more than anything else, poor judgment sent Burress to prison.
"You can violate the law, be subject to severe punishment and not be a criminal. Mr. Burress used bad judgment. He violated a law that has no flexibility whatsoever," Brafman said.
Burress is being held in protective custody at an upstate prison because of his notoriety. The Giants released him in April, but the 32-year-old said he hopes to resume his NFL career.
(© 2010 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
World's Most Useless Facts
Click to enlarge
Stumble It!
Comments