People v. Octavio

OPINION OF THE COURT

Mario F. Mattei, J.

A rose by any other name may still be a rose, but the same may not be true of gravity knives.

In People v Dreyden (15 NY3d 100, 104 [2010]), the Court of Appeals held that

“[a]n arresting officer should, at the very least, explain briefly, with reference to his training and experience, how he or she formed the belief that the object observed in defendant’s possession was a gravity knife . . . , as opposed to a pocket knife, craft knife or other type of knife that does not fit the definition of a per se weapon as defined in Penal Law article 265.”

In the…