Legal Opinion
People v. Best
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 5 opinions
1Opinion of the Court
*280In this case of possession of a gravity knife (see Penal Law § 265.00 [5]), the court correctly instructed the jury that the knowledge element was defendant’s knowledge that he possessed a knife, but not knowledge that the knife met the definition of a gravity knife (see People v Berrier, 223 AD2d 456 [1996], lv denied 88 NY2d 876 [1996]; cf. People v Wood, 58 AD3d 242 [2008]). We have considered and rejected defendant’s constitutional challenges to that instruction.
The court properly exercised its discretion when it determined that unspecified expert testimony concerning design and…
2Cases cited8 opinions
- Crane v. KentuckySupreme Court of the United States · 1986
- People v. BlakeAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BerrierAppellate Division of the Supreme Court of the State of New York · 1996
- People v. AustinAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WoodAppellate Division of the Supreme Court of the State of New York · 2008
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. HerbinAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CruzAppellate Terms of the Supreme Court of New York · 2013
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PolonskyAppellate Terms of the Supreme Court of New York · 2014