Conviction under NY Penal Law 265.01 does not require defendant to know that particular knife fits statutory definition of “gravity knife”

May 4, 2016 by Marshall A. Mintz · Leave a Comment 

In New York, a person is guilty of criminal possession of a weapon in the fourth degree [NY Penal Law 265.01(1)] when : “[h]e or she possesses any . . . gravity knife.” A “gravity knife” is defined as “any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.”

In People v. Parrilla, the Court of Appeals ruled that the statutory language only required a person’s knowing possession of a knife – not that the knife met the definition of “gravity knife” under the statute.