"We've always taken the position that he's going to have to go to jail, whether by trial or by plea," said Robert Morgenthau.
The report says that Burress was open to pleading guilty, but was only willing to serve one year in prison.
The report says that the sentence could be as long as 3 1/2 years.
Antonio Pierce, Burress' former teammate, is also facing jail time if the investigation shows he possessed the gun that Burress shot himself with after the incident took place.
"Now that they have drawn a line in the sand, this is going to be a battle," Burress' lawyer, Benjamin Brafman told the Post.
