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EXPANDABLE, METAL BATON IS A “BILLY” WITHIN THE MEANING OF THE PENAL LAW.

The Court of Appeals, in a full-fledged opinion by Judge Stein, over an extensive dissent, determined the accusatory instrument sufficiently alleged the illegal possession of a “billy.”  The accusatory instrument stated that a police officer observed defendant with a “rubber gripped, metal, extendable baton (billy club)” in his rear pants pocket. Based upon his training and experience, the officer stated that “said baton device is designed primarily as a weapon, consisting of a tubular, metal body with a rubber grip and extendable feature and used to inflict serious injury upon a person by striking or choking.” The term “billy” is not defined in the Penal Law. When the law was enacted a billy club was a fixed wooden baton. The question before the court was whether a metal, expandable baton constituted a “billy” within the meaning of the statute:

In our view, ,,, the only plausible interpretation of the term “billy” encompasses a collapsible metal baton … . Our conclusion in this regard does not rest — as the dissent suggests — on whether or not law enforcement personnel has chosen to use this particular type of instrument. Rather, our determination follows from the common understanding of the term “billy” and our view that the baton at issue here fits comfortably within the definition thereof. Therefore, we hold that the accusatory instrument alleging that defendant possessed a metal, extendable striking weapon with a handle grip, was sufficient to charge him with possessing a “billy” under Penal Law § 265.01 (1) so as to provide sufficient notice for him to prepare a defense and to protect him from multiple prosecutions. People v Ocasio, 2016 NY Slip Op 07105, CtApp 11-1-16

CRIMINAL LAW (EXPANDABLE, METAL BATON IS A “BILLY” WITHIN THE MEANING OF THE PENAL LAW)/BILLY (EXPANDABLE, METAL BATON IS A “BILLY” WITHIN THE MEANING OF THE PENAL LAW)

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