t 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.

Gershuny could not be reached for comment. He 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.