Prison Not as Mandatory as N.Y. State Gun Laws Say - By SAM ROBERTS NYTimes.com

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' In 2011, the latest year for which sentencing statistics are available, fewer than half the defendants who had been arrested for illegal possession of a loaded gun in New York City received a state prison sentence... In the Bronx, as few as 31 percent were imprisoned. In Brooklyn the rate was 41 percent; in Staten Island it was 47 percent; in Manhattan it was 68 percent; and in Queens it was 76 percent....But the fact that only half the suspects arrested wind up in state prison also demonstrates that the prerogatives of prosecutors and judges still create a lot of wiggle room, particularly in cases that are weaker or have mitigating circumstances....An illegal gun is one for which someone does not have a valid New York State permit, which means that the law can sometimes trap travelers who bring licensed guns into the state.

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