Plaxico Burress’ lawyer said today that the former Giants wide receiver will testify tomorrow before a grand jury hearing arguments on his gun charges.
Burress’ attorney, Ben Brafman, hopes that his client can convince the grand jury assembled in Manhattan Supreme Court to forgo an indictment.
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“Mr. Burress is going to … tell the truth about what happened that night,” Brafman said.
Burress is also expected to ask the grand jury not to indict him, said Brafman.
“He’s going to ask them to believe that this unfortunate incident should not be used to ruin his life,” Brafman said.
Negotiations in the gun-possession case against 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 Post reported on Monday.
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,” DA Robert Morgenthau — who retires at year end after 34 years in office — told the Post, breaking his public silence about the case.
Burress and teammates Antonio Pierce and Ahmad Bradshaw were out on the night of Nov. 28 at the West Side strip club Head Quarters, where they knock back several bottles of high-priced tequila and gobble the club employees’ turkey dinner.
At about midnight, Burress and Pierce arrived at the Latin Quarter nightclub on Manhattan’s East Side with two other people, where the former Super Bowl star was allowed to bypass security.
As Burress was escorted to the club’s VIP area, he fumbled with a .40-caliber Glock semiautomatic pistol tucked into his pants, and it fired a round, hitting him in right thigh, prosecutors said.
He later showed up at New York-Cornell Hospital, which logged him in under a fake name, “Harris Smith.”
Police said Pierce later drove his SUV, with the Glock in the glove compartment, to his house in Totowa, NJ, before dropping the gun off with Burress’ wife, Tiffany.
Police eventually recovered the gun and charged Burress.