People v. Mashaw

Appellate Division of the Supreme Court of New York

People v. Mashaw

66 A.D.2d 955, 411 N.Y.S.2d 455, 1978 N.Y. App. Div. LEXIS 14295

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 21, 1978

StatusPublished

Cited by3 cases

This text of 66 A.D.2d 955 (People v. Mashaw) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Mashaw, 66 A.D.2d 955, 411 N.Y.S.2d 455, 1978 N.Y. App. Div. LEXIS 14295 (N.Y. Ct. App. 1978).

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Opinion

Appeal from a judgment of the County Court of St. Lawrence County, rendered April 3, 1978, upon a verdict convicting defendant of the crime of criminal possession of a dangerous weapon in the third degree. The defendant was charged with the criminal possession of a gravity knife (Penal Law, § 265.02). The testimony in this record fails to establish that the instrument in question operated in the manner defined by statute (Penal Law, § 265.00, subd 5) at the time and place that the defendant was charged with possession of a "gravity knife”. Accordingly, the evidence is insufficient to establish the guilt of the defendant, beyond a reasonable doubt (see People v McDowdell, 59 AD2d 623). Judgment reversed, on the facts, and indictment dismissed. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Appeal from a judgment of the County Court of St. Lawrence County, rendered April 3, 1978, upon a verdict convicting defendant of the crime of criminal possession of a dangerous weapon in the third degree. The defendant was charged with the criminal possession of a gravity knife (Penal Law, § 265.02). The testimony in this record fails to establish that the instrument in question operated in the manner defined by statute (Penal Law, § 265.00, subd 5) at the time and place that the defendant was charged with possession of a "gravity knife”. Accordingly, the evidence is insufficient to establish the guilt of the defendant, beyond a reasonable doubt (see People v McDowdell, 59 AD2d 623). Judgment reversed, on the facts, and indictment dismissed. Mahoney, P. J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.

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Bluebook (online)

66 A.D.2d 955, 411 N.Y.S.2d 455, 1978 N.Y. App. Div. LEXIS 14295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mashaw-nyappdiv-1978.

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