People v. Herbin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). Although defendant’s expert testified that the knife possessed by defendant could be opened by pressing a thumb disk, he also testified that he observed the officers release the blade simply by flicking the knife with their wrists, which satisfies the definition of a gravity knife (see People v Neal, 79 AD3d 523, 524 [2010]).
Contrary to defendant’s claim, the statutory prohibition of possession of a gravity knife (Penal Law § 265.01 [1]; see…
2Cases cited6 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. TaylorNew York Court of Appeals · 1990
- People v. StuartNew York Court of Appeals · 2003
- People v. NealAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Copeland v. VanceCourt of Appeals for the Second Circuit · 2018
- The People v. Elliot ParrillaNew York Court of Appeals · 2016
- Copeland v. VanceDistrict Court, S.D. New York · 2017
- People v. CabreraAppellate Division of the Supreme Court of the State of New York · 2016
- People v. MessinaAppellate Terms of the Supreme Court of New York · 2014
11 more not listed; retrieve them via the Exa API.