Legal Opinion

The People v. Alexis Ocasio

New York Court of Appeals

Decided November 1, 2016No. 134PublishedCited by 24 opinions

1Opinion of the Court

*180OPINION OF THE COURT

Stein, J.

Defendant was charged with one count of criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [1]). The accusatory instrument alleged that a police officer observed defendant with a “rubber-gripped, metal, extendable baton (billy club)” in his rear pants pocket. The officer averred—based on his training and experience—that “said baton device is designed primarily as a weapon, consisting of a tubular, metal body with a rubber grip and extendable feature and used to inflict serious injury upon a person by striking or choking.” Defendant moved…

2Cases cited17 opinions

  1. People v. CaseyNew York Court of Appeals · 2000
  2. People v. CruzNew York Court of Appeals · 1979
  3. People v. KalinNew York Court of Appeals · 2009
  4. People v. . PersceNew York Court of Appeals · 1912
  5. Clark v. CuomoNew York Court of Appeals · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. People v. FrancisCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Desrosiers v. Perry Ellis Menswear, LLCCourt for the Trial of Impeachments and Correction of Errors · 2017
  3. People v. AleynikovNew York Court of Appeals · 2018
  4. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2020
  5. Reyes v. City of New YorkCourt of Appeals for the Second Circuit · 2025

19 more not listed; retrieve them via the Exa API.

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