People v. Wood
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Gonzalez, J.P.
In order to convict a defendant of criminal possession of a weapon in the third degree for unlawfully possessing a switchblade knife that was disguised as a cigarette lighter (Penal Law § 265.02 [1]; § 265.01 [1]), must the prosecution prove that the defendant knew that he or she possessed a switchblade knife or at least that the object possessed functioned as a weapon? Or, as the People here argue, is it sufficient to prove that the defendant knew he or she possessed an object that met the statutory definition of a switchblade? Although the statute includes…
2Cases cited25 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Staples v. United StatesSupreme Court of the United States · 1994
- United States v. BalintSupreme Court of the United States · 1922
- Carter v. United StatesSupreme Court of the United States · 2000
- People v. FordNew York Court of Appeals · 1985
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3Cited by11 opinions
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