Burgess has been convicted under the newly passed New York State Criminal Possession of a Weapon law.  As of November 1st, 2006, the crime of Criminal Possession of a Weapon in the Third Degree was elevated to a “C” Felony with a mandatory minimum of three and one half to a maximum of fifteen years in state prison.  This conviction is the first on record under the new law.

District Attorney Janet DiFiore commented after the conviction, “The State of New York has taken bold steps to get illegal guns off our streets and now Westchester County has become one of the toughest places in the country to get caught with an illegal gun.  Incidents like this one are illustrative as to why the penalties for possessing an illegal loaded handgun have been elevated and why a major focus of the District Attorney’s office is gun violence.  Thanks to intrepid police work by the Yonkers Police Department and tenacious prosecution by the District Attorney’s office we have taken another handgun off the streets of Westchester County.” 

Burgess is scheduled to be sentenced on October 5, 2007.

He faces a maximum of 15 years in state prison on the top charge.

Assistant District Attorney Jonathan Strongin of the Narcotics and Firearms Bureau prosecuted the case.

Comments (5)

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written by Norm, August 15, 2007

"Parked in the wrong direction"????? For that reason alone, the cops can search a person's car? Want to bet this guy's black?

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written by John Z, August 15, 2007

It's about time we started focusing on the criminal instead of his/her implement. I'm sick and tired of all the bleeding hearts crying out that we need stricter gun control, when our Judges and Court system fail to prosecute, convict, and incarcerate our violent offenders. The only way we will put a dent in violent crime is when we start getting these low lifes off the streets instead of infringing upon law-abiding citizens 2nd Amendment rights.

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written by keith, August 15, 2007

John, I agree with you. This is the type of "gun control" we need in this country. Not laws that help the criminals, but laws that will actually help society. I hope he gets 15 years!

Also, Not only was he parked in the wrong direction, look it up in your local drivers ed book if you need to, by the cops witnessed him throwing a handgun into the drives seat. That and the struggle allows them to search.

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written by Patrick, August 15, 2007

Just curious... What is more dangerous? A) Crackhead with a long record of violence. B) Loaded Pistol. They want to ban a tool of crime (although it's statistically used in defense 3-5 times more often), why not get rid of these illicit operators?

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written by r terranova, August 17, 2007

i know the guy for 15 years. He aint never gonna do right. He had a good job woman etc. Its in his blood.

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