Allegations Describing a “Gravity Knife” in Misdemeanor Complaint Were Sufficient

The Court of Appeals, in a full-fledged opinion by Judge Fahey, determined the misdemeanor complaint sufficiently alleged the defendant possessed a “gravity knife:”

Defendant argues that an accusatory instrument alleging possession of a gravity knife must expressly state that the knife locks by means of a device. We disagree. By stating that a knife, once opened, “locks automatically in place,” an accusatory instrument conveys to a defendant that his knife was observed (1) to lock in an open position, rather than merely having a bias towards remaining open, and (2) to lock by means of a built-in device, rather than manually. A mechanism that locks itself by means of such a device is naturally described as locking “automatically.” Indeed, many New York cases have treated locking “by means of a . . . device” (Penal Law § 265.00 as synonymous with “automatically” locking for these purposes … . Moreover, because of the use of the generic term “device” in the statute, there can be no requirement that an arresting officer specify any particular kind of mechanism on the knife that causes it to lock in place. People v Sans, 2015 NY Slip Op 07529, CtApp 10-15-15