Legal Opinion

People v. Wood

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 2008PublishedCited by 11 opinions

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

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Staples v. United StatesSupreme Court of the United States · 1994
  3. United States v. BalintSupreme Court of the United States · 1922
  4. Carter v. United StatesSupreme Court of the United States · 2000
  5. People v. FordNew York Court of Appeals · 1985

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3Cited by11 opinions

  1. People v. NealAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. HerbinAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. BestAppellate Division of the Supreme Court of the State of New York · 2008

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

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