The New York State Commission on Judicial Conduct has determined that Jeffrey A. Gershuny, a New York City Criminal Court judge, should be censured.<\/p>\n
The Commission found that Gershuny should be disciplined for intentionally deceiving a police officer who was testifying at a suppression hearing.<\/p>\n
Gershuny has served as judge of the New York City Criminal Court since 2019. His current term expires on Dec. 31, 2031.<\/p>\n
\u201cPublic confidence in the integrity of the courts depends on judges being honest and above-board,\u201d Commission Administrator Robert H. Tembeckjian wrote in a news release.<\/p>\n
\u201cJudge 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,\u201d Tembeckjian wrote.<\/p>\n
During a suppression hearing on Aug. 5, 2025, \u201che intentionally deceived a witness in open court while conducting what he called \u2018a little experiment\u2019 involving his personal handgun, during the testimony of a police officer,\u201d according to the Commission.<\/p>\n
Gershuny was admitted to practice law in New York in 2002. He has been a New York City Criminal Court judge since 2025, having previously served in Brooklyn County and Queens County.<\/p>\n
During the hearing, Gershuny said he was placing his personal firearm in a bag so the officer could provide testimony about recognizing a gun inside.<\/p>\n
Gershuny held up his gun for all in the courtroom to see, indicating he would be putting it in the bag despite knowing he had no intention of doing so, according to the Commission.<\/p>\n
Gershuny was licensed to carry a pistol, which he typically brought with him to the courthouse and, during court proceedings, concealed in a holster under his judicial robe.<\/p>\n
New York Penal Law generally prohibits possessing a licensed handgun in a court or other \u201csensitive location,\u201d but judges of certain courts in New York City are exempted from the prohibition and are authorized to possess their licensed handguns in court.<\/p>\n
While concealing what he was actually doing from the witness, the lawyers and others in the courtroom, Gershuny placed a stapler in the bag. He then asked the officer a number of questions about what he repeatedly and falsely represented was a gun in the bag.<\/p>\n
\u201cHaving repeatedly misrepresented himself as to what was in the bag \u2026 on the record, respondent then revealed his deception,\u201d according to the Commission.<\/p>\n
After the hearing, Gershuny suppressed the gun, saying the officer had made up a \u201cconvoluted story\u201d about seeing a bulge.<\/p>\n
Gershuny referred to his \u201cexperiment\u201d as one of several factors influencing his decision.<\/p>\n
Afterward, the prosecution declined to prosecute. The case was dismissed and the prosecution did not file an appeal.<\/p>\n