People v. William

Appellate Terms of the Supreme Court of New York

People v. William

191 Misc. 2d 293, 742 N.Y.S.2d 772, 2002 N.Y. Misc. LEXIS 455

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 5, 2002

StatusPublished

Cited by4 cases

This text of 191 Misc. 2d 293 (People v. William) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. William, 191 Misc. 2d 293, 742 N.Y.S.2d 772, 2002 N.Y. Misc. LEXIS 455 (N.Y. Ct. App. 2002).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

The appeal from the judgment of conviction brings up for review the lower court’s denial of defendant’s motion to dismiss the information which charged defendant with criminal posses[294]*294sion of a “gravity knife” in violation of Penal Law § 265.01 (1) (People v William, 188 Misc 2d 869).

In our opinion, the lower court correctly concluded that the information need not contain language that the “gravity knife” fulfilled the definition set forth in Penal Law § 265.00 (5) or that it was operational. Although proof of same may be required for conviction, it is not necessary to satisfy the jurisdictional requirements of an information (see, CPL 100.15, 100.40; People v Casey, 95 NY2d 354).

Aronin, J.P., Golia and Rios, JJ., concur.

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