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The Honolulu Advertiser
Updated at 4:46 p.m., Tuesday, March 31, 2009

NFL: Giants' WR Burress hearing pushed back to mid-June

By Tom Rock
Newsday

NEW YORK — It was the anti-Kentucky Derby — the least-thrilling two minutes in all of sports — but it gave Plaxico Burress and his attorneys another 2 1/2 months to work on reaching a plea agreement with prosecutors on felony gun charges.

The New York Giants receiver, in a gray, checkered suit and accompanied by his wife, Tiffany, and defense attorney Benjamin Brafman, arrived in Part F of Manhattan Criminal Court at 9:14 a.m. Tuesday and at 9:24, he was standing in front of Judge Michael Yavinsky.

In less than two minutes, the sides formalized a previously agreed upon and expected adjournment, pushing Tuesday's scheduled pretrial hearing back to June 15. Burress then walked out of the courthouse and into a waiting black SUV while Brafman issued a brief statement in which he said there is no agreement in place but the two sides will continue working toward one.

"There's been a lot reported in recent days, a lot's been said that I don't think is necessarily accurate," Brafman said. "As we speak, there is no agreement of any kind. We're trying our best to see if there is a way to resolve the case."

The second-degree felony gun possession charges stem from the November incident when Burress accidentally shot himself in the leg at a Manhattan nightclub. Those two charges each carry a mandatory minimum of 3› years in prison if Burress is convicted. Most people facing such second-degree charges plea to a lesser charge and serve less jail time or get probation.

Assistant District Attorney John Wolfstaetter, who is prosecuting the case, is said to be open to an agreement but is insisting on substantial jail time. It's believed he wants Burress to serve for a year. Burress clearly would like to avoid a lengthy jail sentence, which is perhaps the only way he can play for the Giants in 2009. He has expressed a desire to those close to him to return to the NFL.

Asked if Burress is likely to play for the Giants this season, Brafman said that was up to Burress, his management team and the Giants.

"It's not a legal decision, it's a sports decision," Brafman said. "I assume a lot will depend on how, when and if this case is resolved and June 15 is the next day we are back unless there is a reason to come back earlier."

The Giants have a mandatory veterans minicamp scheduled to begin June 16, the day after the new hearing date.