It’s gonna be Sing Sing for Plaxico — even if he cops to a lesser gun charge, says Manhattan District Attorney Robert Morgenthau.
Negotiations in the gun-possession case against ex-Giants wide receiver Plaxico Burress — who accidentally shot himself in the leg at a Midtown nightclub last November — fell apart earlier this year after prosecutors insisted he do two years’ state time on a plea to a lesser gun charge, the DA told The Post.
The Super Bowl XLII star was willing to bite the bullet and do jail time, but he wouldn’t agree to more than a year, the DA said.
“We’ve always taken the position that he’s going to have to go to jail, whether by trial or by plea,” the legendary DA — who retires at year end after 34 years in office — said, breaking his public silence about the case.
Morgenthau said his office would announce the grand jury’s vote within four weeks.
The Post has also learned Giants linebacker Antonio Pierce is still on the hook for allegedly possessing his then-teammate’s gun after the shooting — and could face a jail term of his own.
Burress and Pierce were side by side in the VIP vestibule at the Midtown club Latin Quarter last November when the star receiver accidentally shot himself clear through the thigh with his own gun — a .40-caliber Glock for which the player had an expired Florida permit.
According to law-enforcement sources, as Pierce tended to his trembling, bleeding teammate, a security worker at the club placed the blood-splattered gun in the glove compartment of Pierce’s Cadillac Escalade.
Prosecutors have considered flipping the unidentified Latin Quarter security worker in hopes of nailing Pierce for allegedly bringing the Glock to Burress’ Totowa, NJ, home after first driving Burress to New York-Cornell Hospital, sources said.
“To charge Antonio and immunize other individuals engaged in the same alleged conduct — I would hope any grand jury would reject that outrageous proposition,” Pierce lawyer Michael Bachner said when asked about the potential flip.
Burress’ lawyer wife, Tiffany, allegedly handed the gun over to cops the next day, but she is not believed to be facing any charges.
Morgenthau did specify that no New York-Cornell medical personnel would be charged for failing in their obligation under state law to inform police about Burress’ gunshot wound.
Hospital officials allowed the famous receiver to sign in under the name “Harris Smith.”
Morgenthau played coy on Pierce.
“I’m not going to go into that,” he said, smiling, when asked whether Burress alone faced gun-possession charges.
If the grand jury indicts either player on the top charge of criminal possession of a weapon, the mandatory minimum sentence is 3½ years in prison, although a plea to a lesser charge, such as attempted possession, could result in far less time.
Meanwhile, Burress has not ruled out testifying before the grand jury hearing the case, said his lawyer, Benjamin Brafman, who slammed the DA’s office for failing to recognize what the lawyer called the “unique” and “sympathetic” circumstances of the self-inflicted shooting case.
“Now that they have drawn a line in the sand, this is going to be a battle,” Brafman said, vowing to fight for his client “vigorously . . . and at trial if necessary.
“We are bitterly disappointed,” Brafman said of the DA’s decision to reject a low-jail plea and proceed with seeking an indictment.
Meanwhile, Burress has not ruled out testifying before the grand jury hearing the case, said his lawyer, Benjamin Brafman, who slammed the DA’s office for failing to recognize what the lawyer called the “unique” and “sympathetic” circumstances of the self-inflicted shooting case.
“Now that they have drawn a line in the sand, this is going to be a battle,” Brafman said, vowing to fight for his client “vigorously – “and at trial if necessary.
“We are bitterly disappointed,” Brafman said of the DA’s decision to reject a low-jail plea and proceed with seeking an indictment. The DA’s hard line ignores that Burress’ gun had been purchased legally, was not used in the commission of a crime, fired accidentally and resulted in an injury only to himself, the lawyer said.
“I told Mr. Morgenthau that in my view, his office should consider the possibility that a grand jury, or if necessary, a trial jury, might very well decide not to indict or convict Mr. Burress,” Brafman said.
“There are a great many sympathetic factors in this case that would suggest to any reasonable person that for an isolated lapse in judgment Plaxico has already paid a very severe penalty,” not the least the forfeiture of his $35 million contract, Brafman said.
Morgenthau, meanwhile, defended his office against accusations of “celebrity justice” in letting the case linger for more than half a year – enough time to let Burress entertain offers by other teams to play for millions this season.
“There were a lot of things that had to be run down,” the DA said. That included checking out the Florida license, Burress’ claims that he had the gun because of alleged robberies near his home, what happened to the gun after the shooting, and whether he received any special consideration at the hospital – in addition to plea negotiations, the DA said.
“It’s only seven months,” Morgenthau said of the time between shooting and grand jury. “It’s not a lifetime.”