TRENTON - Former New York Giants football star Plaxico Burress in Mercer County Superior Court on Monday agreed to serve five years probation and 364 days in jail for failing to pay $46,000 in taxes on his $1 million income in 2013.

In exchange for the guilty plea, prosecutors dropped an additional charge of issuing a bad check or electronic funds transfer, a third-degree felony.

Burress, 38, will be sentenced on Feb. 5 on the plea deal that was offered in July.

Burress, of Totowa, declined to comment outside the courtroom of Superior Court Judge Pedro J. Jimenez Jr.

Burress must repay his back taxes, with interest, by the time the probation period ends or face jail time, prosecutors said.

Prosecutors have said Burress filed his 2013 income tax return with the New Jersey Division of Taxation on Oct. 20, 2014, but the electronic payment to cover his payment did not go through.

The state's Division of Revenue and Enterprise Services alerted Burress, but received no response, authorities said.

A criminal complaint came in February after additional efforts to reach Burress by the State Department of the Treasury's Office of Criminal Investigation were unsuccessful, according to the Mercer prosecutor's office.

Under a 2014 bill signed into law by Gov. Chris Christie, New Jersey law allows criminal penalties to be imposed on people who send insufficient e-payments just as if they were bounced checks.

It is not the first time the former football player has run afoul of the law.

Burress in 2009, while playing for the NY Giants, pleaded guilty to a weapons charge and spent two years in prison after he accidentally shot himself at a Manhattan night club the year before.

Three days after the shooting, the Giants officials placed him on the non-football injury list, making him ineligible to play for the remainder of the regular season and playoffs.

He was released from prison in 2011 and signed a deal with the New York Jets before returning to the Pittsburgh Steelers, where he began is NFL career.

Keith Brown may be reached at kbrown@njadvancemedia.com. Follow him on Twitter @KBrownTrenton. Find The Times of Trenton on Facebook.