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
ALTHOUGH DEFENDANT WAS CONVICTED OF AN ARMED FELONY, THE JUDGE SHOULD HAVE CONSIDERED WHETHER DEFENDANT IS ELIGIBLE FOR YOUTHFUL OFFENDER TREATMENT (CT APP).
Disclaimer Based Upon Insured’s Non-Cooperation Was Timely—Must Allow Longer Period to Demonstrate Diligence In Seeking Cooperation
BASED ON THE UNAMBIGUOUS LANGUAGE OF THE POLICY, THE TERM “OCCURRENCE” REFERRED TO EACH TIME A MEMBER OF THE CLASS WAS INJURED, NOT TO A SINGLE INJURY TO THE CLASS AS A WHOLE; THEREFORE THE DEDUCTIBLE WAS TRIGGERED SEPARATELY FOR EACH INJURED CLASS MEMBER.
German Museum Proved It Had Superior Title to Ancient Assyrian Gold Tablet in Decedent’s Estate/Doctrine of Laches Did Not Apply
Opposition to Additur or Remittitur After First Trial Can Not Be Appealed After Second Trial
DEFENDANT DID NOT DEMONSTRATE AS A MATTER OF LAW THAT COKE OVENS USED IN THE MANUFACTURE OF STEEL WERE NOT PRODUCTS TRIGGERING THE DUTY TO WARN OF THE HAZARDS OF BREATHING EMISSIONS FROM THE OVENS, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (CT APP).
INSUFFICIENT EVIDENCE OF HOW THE ACCIDENT OCCURRED IN THIS LABOR LAW 240 (1) ACTION, DISCOVERY MAY AID THE INQUIRY, SUMMARY JUDGMENT AWARD WAS PREMATURE (CT APP).
ADMINISTRATIVE LAW JUDGE’S MARKING AN ADMINISTRATION OF CHILDREN’S SERVICES REPORT AS ‘INDICATED’ FOR MALTREATMENT OF PETITIONER’S CHILD HAD A RATIONAL BASIS AND SHOULD STAND, APPELLATE DIVISION REVERSED (CT APP).

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 © 2026 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...