People v. Octavio

34 Misc. 3d 790
CourtCriminal Court of the City of New York
DecidedJuly 5, 2011
StatusPublished

This text of 34 Misc. 3d 790 (People v. Octavio) is published on Counsel Stack Legal Research, covering Criminal Court of the City 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. Octavio, 34 Misc. 3d 790 (N.Y. Super. Ct. 2011).

Opinion

OPINION OF THE COURT

Mario F. Mattei, J.

A rose by any other name may still be a rose, but the same may not be true of gravity knives.

In People v Dreyden (15 NY3d 100, 104 [2010]), the Court of Appeals held that

“[a]n arresting officer should, at the very least, explain briefly, with reference to his training and experience, how he or she formed the belief that the object observed in defendant’s possession was a gravity knife . . . , as opposed to a pocket knife, craft knife or other type of knife that does not fit the definition of a per se weapon as defined in Penal Law article 265.”

In the case before the court the defendant has been arrested and charged with possessing a gravity knife. The accusatory [792]*792instrument indicates that the officer tested the knife in question and that “the blade of said knife released from the handle by force of gravity or centrifugal force and locked in place by means of a button, spring, lever or other device in the handle.”

The defendant contends that the accusatory instrument should be dismissed as facially insufficient because it does not include a reference to the officer’s training and experience, because the language used is conclusory and not factual in nature and because the officer does not indicate how he tested the knife.

The question presented is whether an information is facially sufficient where it alleges that a knife recovered from the defendant was tested by a police officer — without mention of his training and experience — and the result of the test indicates that the knife meets the definition and the statutory requirements of a gravity knife.

The court holds that the instrument is facially sufficient because ultimately testing and personal knowledge as to the operability of a gravity knife, and not training and experience, is the key component; any other interpretation or extension of Drey den would result in situations where “more is less” and would be inconsistent with well-established standards of proof.

“The procedural requirements for the factual portion of a local criminal court information are, simply: that it state ‘facts of an evidentiary character supporting or tending to support the charges’ (CPL 100.15 [3]; see, CPL 100.40 [1] [a]); that the ‘allegations of the factual part . . . together with those of any supporting depositions . . . provide reasonable cause to believe that the defendant committed the offense charged’ (CPL 100.40 [1] [b]); and that the ‘[n] on-hearsay allegations [of the information and supporting depositions] establish, if true, every element of the offense charged and the defendant’s commission thereof (CPL 100.40 [1] [c]; see, CPL 100.15 [3])” (People v Casey, 95 NY2d 354, 360 [2000]).

In essence, the People have to meet both a “reasonable cause” and a “prima facie” case requirement for an instrument to be facially sufficient (People v Kalin, 12 NY3d 225, 228-229 [2009]).

Dreyden was not decided in a vacuum and did not overrule a long line of decisions made by the Court of Appeals with regard to gravity knives.

[793]*793“The doctrine of stare decisis provides that once a court has decided a legal issue, subsequent appeals presenting similar facts should be decided in conformity with the earlier decision. Its purpose is to promote efficiency and provide guidance and consistency in future cases by recognizing that legal questions, once settled, should not be reexamined every time they are presented. The doctrine also rests upon the principle that a court is an institution, not merely a collection of individuals, and that governing rules of law do not change merely because the personnel of the court changes” (People v Bing, 76 NY2d 331, 337-338 [1990]).

“[S]tare decisis does not spring full-grown from a ‘precedent’ but from precedents which reflect principle and doctrine rationally evolved” (People v Hobson, 39 NY2d 479, 488 [1976]). Dreyden must therefore be read in context with these other decisions in a manner which makes them consistent.

The quantum of evidence necessary to meet the burden of proof beyond a reasonable doubt in cases involving gravity knives has been long established.

In order to convict the defendant of possessing a gravity knife, the People are required to prove that the defendant possessed a knife which fit the legal description of a gravity knife under Penal Law § 265.00. They are not required to prove that the defendant knew he possessed a gravity knife. (People v Berrier, 223 AD2d 456 [1st Dept 1996], lv denied 88 NY2d 876 [1996].)

The People were found to have proved the operability of a gravity knife beyond a reasonable doubt where a police officer testified at trial that he had tested the knife after the defendant was arrested, described the manner in which the knife opened and then demonstrated this in court (People v Birth, 49 AD3d 290 [1st Dept 2008], lv denied 10 NY3d 859 [2008]). In People v Jouvert (50 AD3d 504 [1st Dept 2008], lv denied 11 NY3d 790 [2008]) proof beyond a reasonable doubt was established where the officer both described and demonstrated for the jury the manner in which the knife operated, which conformed to the statutory definition of a gravity knife. In People v Neal (79 AD3d 523, 524 [1st Dept 2010], lv denied 16 NY3d 799 [2011]), a guilty verdict was supported by sufficient evidence where “the operability of the knife conformed to the statutory definition of a gravity knife. The officer demonstrated in court that he could open the knife by using centrifugal force, created by flicking his wrist, and the blade automatically locked in place after being [794]*794released.” Proof beyond a reasonable doubt is established even if the knife does not operate on each try (People v Smith, 309 AD2d 608 [1st Dept 2003], lv denied 1 NY3d 580 [2003]). None of these cases required proof that the officer testifying had any specific knowledge or training in how a gravity knife works. Indeed, a conviction for possessing a gravity knife was upheld where an officer tested a knife after the defendant’s arrest and demonstrated the operability of the knife in court despite testifying that while he had been taught about gravity knives in the police academy he had never received full training with regard to them (People v Carter, 51 AD3d 576 [1st Dept 2008], lv denied 11 NY3d 735 [2008], habeas corpus denied sub nom., Carter v McKoy, 2010 WL 3290989, 2010 US Dist LEXIS 83246 [SD NY 2010]).

The gravamen of these trial cases indicates that proof beyond a reasonable doubt is satisfied without regard to a witness’ training and experience so long as the knife in question is operable and meets the statutory definition of a gravity knife. Thus, since training and experience are not prerequisites to establish proof beyond a reasonable doubt, the highest burden of proof that exists in and under our law, with regard to a gravity knife, it is this court’s opinion that a recitation of training and experience in a complaint is not required to meet the lesser burden of facial sufficiency where proof of actual operability has been included. A contrary conclusion would mean that “more is less.”

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Related

People v. Casey
740 N.E.2d 233 (New York Court of Appeals, 2000)
People v. Longshore
657 N.E.2d 496 (New York Court of Appeals, 1995)
Matter of Rodney J.
633 N.E.2d 1089 (New York Court of Appeals, 1994)
People v. Konieczny
813 N.E.2d 626 (New York Court of Appeals, 2004)
People v. Brannon
949 N.E.2d 484 (New York Court of Appeals, 2011)
People v. Kalin
906 N.E.2d 381 (New York Court of Appeals, 2009)
People v. Dreyden
931 N.E.2d 526 (New York Court of Appeals, 2010)
People v. Hobson
348 N.E.2d 894 (New York Court of Appeals, 1976)
People v. Bing
558 N.E.2d 1011 (New York Court of Appeals, 1990)
People v. Birth
49 A.D.3d 290 (Appellate Division of the Supreme Court of New York, 2008)
People v. Jouvert
50 A.D.3d 504 (Appellate Division of the Supreme Court of New York, 2008)
People v. Neal
79 A.D.3d 523 (Appellate Division of the Supreme Court of New York, 2010)
In re Michael Grudge M.
80 A.D.3d 614 (Appellate Division of the Supreme Court of New York, 2011)
People v. Berrier
223 A.D.2d 456 (Appellate Division of the Supreme Court of New York, 1996)
People v. Smith
309 A.D.2d 608 (Appellate Division of the Supreme Court of New York, 2003)
People v. Sylla
7 Misc. 3d 8 (Appellate Terms of the Supreme Court of New York, 2005)
People v. Khoi Dang
172 Misc. 2d 274 (Criminal Court of the City of New York, 1997)
People v. Wilkerson
184 Misc. 2d 949 (Criminal Court of the City of New York, 2000)

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Bluebook (online)
34 Misc. 3d 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-octavio-nycrimct-2011.