We pointed out earlier today that one of the two counts pending against Giants receiver Plaxico Burress alleges that he possessed a loaded firearm with intent to use it unlawfully against another person (as opposed to, you know, himself).

A New York lawyer who peruses PFT has alerted us to Section 265.15(4) of the New York Penal Law, which provides that “[t]he  possession  by any person of any dagger, dirk,  stiletto,  dangerous  knife  or  any  other  weapon,  instrument,  appliance  or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to  use  the  same  unlawfully against another.”

In other words, merely having the loaded gun in his possession creates a legal presumption that Burress intended to use it to shoot someone else (as opposed to, you know, himself).

We’re told that it’s a rebuttable presumption, which means that Burress can try to persuade the jury that he actually didn’t intend to shoot anyone in an unlawful way.  But this means Burress will have no choice but to take the stand and testify on his own behalf if he hopes to have any chance of beating this rap.

In most criminal trials, the defendant opts not to testify in his own defense; it’s a right guaranteed to him via the Fifth Amendment to the U.S. Constitution. 

Taking the stand exposes the defendant to cross examination by the prosecutor, and it’s no coincidence that most defendants who take a seat on the witness stand eventually take a seat in a cell.