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Manhattan judge censured for using his own pistol to trick a police witness

The state's judicial conduct commission says Judge Jeffrey A. Gershuny failed to secure his gun and misled an officer on the stand.

Manhattan judge censured for using his own pistol to trick a police witness
Photo: Kidfly182 / Wikimedia Commons (CC BY-SA 4.0)

The state Commission on Judicial Conduct has censured Manhattan Criminal Court Judge Jeffrey A. Gershuny for taking out his personal pistol during an August 2025 hearing and misleading a police officer on the witness stand, the commission announced Tuesday.

The commission found that Gershuny did not keep his firearm secure and deliberately deceived the officer. Gershuny, who had no earlier disciplinary record, agreed to the censure and admitted his conduct was improper, according to the commission, which called him cooperative and apologetic. The judge could not be reached for comment right away.

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What happened at the gun evidence hearing

The hearing was meant to settle whether a gun the officer found while searching a person’s bag could be used as evidence, or whether the search may have violated the defendant’s rights. To test whether the officer could tell that a bag held a firearm, Gershuny held up a bag he said contained his own gun. It actually held a stapler, while his pistol sat on the courtroom floor by his foot.

According to the commission’s findings, Gershuny called a break after the lawyers finished questioning the officer. He fetched a shopping bag and a stapler from his chambers. Then, out of sight of most people in the room, he took out his pistol and removed its magazine, and a court officer was asked to make sure no rounds were left in the weapon. He told her he would show the gun to the witness, say he was placing it in the bag and put the stapler in instead. The court officer said the request made her uneasy and called her supervisor.

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New York rules on guns in courthouses

State law generally bans guns in courthouses, even for licensed owners. Judges with licensed firearms are exempt in certain New York City courts, including Gershuny’s, but the weapons must stay concealed and secured.

Commission administrator Robert H. Tembeckjian said the judge “engaged in an elaborate deception and essentially tried to trick a witness on a significant evidentiary matter.” The commission is urging the state Office of Court Administration to take another look at those courthouse gun rules and confirm that judges understand them. The state court system had no immediate response to questions about the case.

Quick answers

Why was Judge Gershuny censured?

The commission found he failed to secure his firearm and deliberately deceived a police officer testifying at an August 2025 hearing.

Can judges carry guns in New York City courts?

State law generally bans guns in courthouses, but judges with licensed firearms are exempt in certain city courts if the weapons stay concealed and secured.

What happens next?

The commission wants the state Office of Court Administration to take another look at the courthouse gun rules and confirm that judges understand them.

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