People v. Birth

The verdict was based on legally sufficient evidence. The People proved the operability, within the meaning of the statute, of the gravity knife at issue (see Penal Law § 265.00 [5]; § 265.01 [1]; § 265.02 [1]). An officer who tested the knife after defendant’s arrest described the manner in which the knife operated, which conformed to the statutory definition of a gravity knife. The officer similarly demonstrated the operability of the weapon in open court. The People had no obligation to prove that the knife would also function as a gravity knife if the officer repeated the test while…