People v. Diamond

The circumstances of defendant’s arrest, as disclosed at the preliminary hearing, led this court to grant the defendant’s motion to dismiss a charge that he had violated section 265.05 of the Penal Law. The Assistant District Attorney did not oppose the defendant’s motion. It was clear that the knife found in defendant’s possession was neither a per se weapon nor was there any evidence of a design on defendant’s part to use the knife unlawfully.

There now remains for disposition an alleged violation of section. 190.25 of the Penal Law, charging criminal impersonation.

The facts disclose that…