People v. Brannon

Because a gravity knife can be indistinguishable from a lawful knife in appearance, and its illegality can only be ascertained by its operation, I would hold that a stop and frisk based on the mere observance of a portion of a knife and the experience of the arresting police officer is not supported by sufficient reasonable suspicion. Therefore, I concur with the majority’s result in People v Brannon, but respectfully dissent in People v Fernandez, for the reasons below.

Penal Law § 265.00 (5) defines a gravity knife as: “any knife which has a blade which is released from the handle or sheath…