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...
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