In re Chidi N.

65 A.D.2d 688, 409 N.Y.S.2d 728, 1978 N.Y. App. Div. LEXIS 13447

Opinion

Order, Family Court, Bronx County, entered December 9, 1977, which adjudged appellant a juvenile delinquent on the grounds that while under the age of 16 he committed acts constituting the crimes of attempted robbery in the second degree and unlawful possession of a weapon, to the extent appealed from, unanimously reversed, on the law, without costs and without disbursements, to vacate the determination that appellant committed the act constituting unlawful possession of a weapon by a person under 16. As commendably acknowledged by the Corporation Counsel, the knife possessed by appellant—a folding knife with a four-inch blade—does not constitute a dangerous weapon within the meaning of section 265.05 of the Penal Law, (Matter of Ricci S., 34 NY2d 775) and accordingly that part of the disposition is vacated. Concur —Kupferman, J. P., Evans, Lane, Sandler and Sullivan, JJ.