NYC judge censured for whipping out gun during NYPD cop's testimony

Molly Crane-Newman, New York Daily News on Oct 15, 2026

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NEW YORK — A New York City judge packing heat on the bench was censured for pulling out his firearm in court while an NYPD officer testified during a “little experiment” into whether the cop could tell if someone had a gun in their bag.

The object lesson by Judge Jeffrey Gershuny occurred at an Aug. 5, 2025, suppression hearing in Brooklyn Supreme Court while the police officer testified about recovering a gun from a suspect’s belongings after detecting a bulge, according to the State Commission on Judicial Conduct.

During the proceeding, the jurist took out his 9-mm handgun and pretended to place it in a “Five Below” discount store shopping bag. In reality, Gershuny put the pistol on the floor and a stapler inside the bag before grilling the cop about how he could glean what was contained within.

In its determination published Tuesday, the state agency that reprimands judges said Gershuny had exercised poor judgment and that his stunt was inappropriate for a judge “sworn to uphold the truth-seeking process.” The Commission on Judicial Conduct said Gershuny agreed to the censure.

“Public confidence in the integrity of the courts depends on judges being honest and above-board. Judge Gershuny did not abide by that standard when he engaged in an elaborate deception and essentially tried to trick a witness on a significant evidentiary matter,” Commission Administrator Robert Tembeckjian said in a statement.

“To their credit, the witness testified carefully, and the judge was apologetic and cooperative with the Commission.”

Gershuny, who formerly presided over cases in Queens and Brooklyn, now handles criminal matters in Manhattan. He no longer brings his gun into the courtroom, the CJC’s Tuesday determination noted.

The incident, which, according to the CJC, occurred over repeated objections from prosecutors and against the advice of Gershuny’s court officers, came after both sides had questioned the officer and the judge remained unsatisfied.

After briefly retreating to his chambers to get the stapler, Gershuny said he wanted to conduct a “little experiment” to get a better sense of the cop’s “point of view” and would put his personal SIG Sauer P365 pistol into a shopping bag and ask the witness “what it is about the bag and (the) firearm in the bag that gives off a distinction of it being a firearm.”

The judge removed his handgun from a holster under his judicial robe, ejected the magazine, and asked a hesitant court sergeant to double-check it wasn’t loaded while filling her in on the ruse.

The sergeant, “uncomfortable with his request,” called her captain. She later told Gershuny that her supervisor had advised against the stunt. After further discussion, the captain warned the judge “not to give the gun to anybody,” the CJC’s determination detailed.

Gershuny proceeded to discreetly rest his weapon beside his foot on the floor and placed the stapler inside the discount store shopping bag before proceeding to question the cop about his methods.

The cop at one point testified that he could make out an L-shaped object in the bag with “a predicament (sic) of a firearm,” but said that he’d need to conduct a frisk to be sure.

“I guess ... what you identified is an L-shaped object, which is a Swingline Stapler,” the judge said when he made his big reveal.

After the back and forth, Gershuny suppressed the gun confiscated in the case and accused the officer of making up a “convoluted story” about seeing a bulge. The Brooklyn district attorney’s office later declined to prosecute, and the case was dismissed. The CJC took no position on the merits of the judge’s decision to bar the gun from evidence.

“As stated in the Commission’s release, Judge Gershuny fully cooperated with its investigation and has agreed to the censure,” the judge’s attorney, Michael Farkas, said. “A full record was made, and I believe that the transcript of what happened in court is available to the public.”

Farkas referred any other inquiries to the Office of Court Administration.

Gershuny has no prior disciplinary history from the ethics commission and “acknowledged that his conduct was improper and warrants public discipline,” CJC said in a statement.

“We trust that respondent has learned from this experience and in the future will act in strict accordance with his obligation to abide by all the Rules Governing Judicial Conduct,” the agency noted.

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