You are here: / / MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE...

MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE (CT APP).

The Court of Appeals, over a concurrence and a concurrence/dissent, in a memorandum addressing two cases (McCain and Edward), determined the misdemeanor complaints were sufficient to support the charge of possessing a “dangerous knife:”

The factual allegations of a misdemeanor complaint must establish “reasonable cause” to believe that a defendant committed the charged offense … . Reasonable cause “exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such offense was committed and that such person committed it” … .

Here, the factual allegations of each misdemeanor complaint establish reasonable cause to believe that each defendant possessed a “dangerous knife” … , triggering the statutory presumption of unlawful intent arising from such possession … .

From the concurrence/dissent:

I concur in the result in People v McCain because the officer’s sworn statement attached to the complaint specifies that the “knife was activated by deponent to an open and locked position through the force of gravity,” which meets the statutory definition of “gravity knife” in Penal Law § 265.00 (5), and therefore a fortiori is a “dangerous knife” under Penal Law § 265.01, when subsections (1) and (2) thereof are read together.

I dissent from the result in People v Edward for the reasons set out in Judge Simons’ dissent in Matter of Jamie D.(59 NY2d 589 [1983]). People v McCain, 2018 NY Slip Op 01018, CtApp 2-13-18

CRIMINAL LAW (MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE (CT APP))/DANGEROUS KNIFE (CRIMINAL LAW, MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE (CT APP))/WEAPON, CRIMINAL POSSESSION OF (MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE (CT APP))/MISDEMEANOR COMPLAINTS (CRIMINAL POSSESSION OF A WEAPON, MISDEMEANOR COMPLAINTS ADEQUATELY CHARGED POSSESSION OF A DANGEROUS KNIFE (CT APP))

You might also like
THE INFORMATION SUFFICIENTLY ALLEGED THE ELEMENTS OF OFFICIAL MISCONDUCT; THE ‘OBTAIN A BENEFIT’ ELEMENT OF THE OFFENSE CAN BE INFERRED FROM THE OTHER ALLEGATIONS (CT APP).
SPECIAL PROSECUTOR HAS AUTHORITY TO BRING CRIMINAL ACTIONS IN LOCAL COURTS PURSUANT TO THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS ACT.
JUDGES NOT ENTITLED TO DAMAGES BASED UPON INADEQUATE COMPENSATION.
A LOAN AGREEMENT WHICH ALLOWS THE LENDER TO CONVERT THE BALANCE TO SHARES OF STOCK AT A FIXED DISCOUNT CAN VIOLATE THE USURY STATUTE, WHICH WOULD THEREBY RENDER THE AGREEMENT VOID AB INITIO (CT APP).
Closure of Railroad Crossing Did Not Constitute a Taking of Claimant’s Land
ALTHOUGH DEFENDANT WAS REPRESENTED ON A MARIJUANA CHARGE, QUESTIONING ABOUT AN UNRELATED MURDER DID NOT VIOLATE DEFENDANT’S RIGHT TO COUNSEL, APPELLATE DIVISION SHOULD NOT HAVE SUPPRESSED DEFENDANT’S STATEMENT ABOUT THE MURDER (CT APP).
QUESTION OF FACT, CREATED BY CONFLICTING EXPERTS, WHETHER OUTSIDE STEEL STAIRCASE WAS SAFE FOR USE IN WET WEATHER, PLAINTIFF SHOULD NOT HAVE BEEN GRANTED SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION.
Defense Counsel’s Absence When Judge Decided to Replace a Sick Juror Not Preserved by Objection/Court Need Not Put on the Record Its Consideration of Alternatives to Courtroom Closure/Factual Allegations Insufficient to Justify a Suppression Hearing

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NO SPECIAL RULES APPLY TO DISCOVERY OF FACEBOOK POSTS IN A PERSONAL INJURY ACTION,... YOUTHFUL OFFENDER ADJUDICATION PROPERLY CONSIDERED IN ASSESSING RISK LEVEL UNDER...