Five Below

A New York State Commission on Judicial Conduct censure detailed how Brooklyn Supreme Court Judge Jeffrey Gershuny pulled out his personal firearm during an Aug. 5, 2025 suppression hearing to test whether a testifying NYPD officer could distinguish a gun from other objects inside a bag. After questioning from both sides left him unsatisfied with the officer's account of detecting a bulge, Gershuny retrieved a stapler from his chambers, removed his 9-mm handgun from its holster, unloaded it, and placed it on the floor while putting the stapler in a shopping bag instead—proceeding over prosecutors' objections and against his own court officers' advice.

The officer described sensing an L-shaped object consistent with a firearm; Gershuny then revealed the stapler, suppressed the gun evidence in the underlying case, and accused the officer of fabricating his account. The Brooklyn DA later declined to prosecute and the case was dismissed. Gershuny, who has no prior disciplinary history, cooperated with the investigation, agreed to the censure, and no longer carries his weapon into court.