Legal Opinion

The People v. Elliot Parrilla

New York Court of Appeals

Decided May 3, 2016No. 99PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Garcia, J.

It is not disputed that defendant Elliot Parrilla possessed a folding utility knife at the time of his arrest. He asserts, however, that he was unaware that the knife’s characteristics rendered it a gravity knife and that the People were required to prove such knowledge to establish an element of the crime of which he was convicted — criminal possession of a weapon in the third degree. We reject defendant’s argument and hold, based upon the statutory language, that the mens rea prescribed by the legislature for criminal possession of a gravity knife simply…

2Cases cited6 opinions

  1. People v. BrannonNew York Court of Appeals · 2011
  2. People v. SaundersNew York Court of Appeals · 1995
  3. People v. HicksNew York Court of Appeals · 2005
  4. People v. MejiasNew York Court of Appeals · 2013
  5. People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by19 opinions

  1. Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
  2. Copeland v. VanceCourt of Appeals for the Second Circuit · 2018
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. KappenAppellate Division of the Supreme Court of the State of New York · 2016
  5. People v. AbdullahAppellate Division of the Supreme Court of the State of New York · 2022

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