People v. Brannon

OPINION OF THE COURT

Pigott, J.

In these appeals, we are asked to decide the level of knowledge a police officer must possess before, consistent with the principles articulated in People v De Bour (40 NY2d 210 [1976]), he or she has reasonable suspicion to believe an individual possesses a gravity knife, as opposed to other similar knives such as a pocketknife, and therefore is authorized to conduct a stop and frisk. The Penal Law identifies gravity knives* as per se weapons and criminalizes the mere possession of one (see Penal Law § 265.01 [1]). We hold that the detaining officer must have…