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  5. 59 N.Y.2d 589 (1983)
 

MATTER OF JAMIE D.

59 N.Y.2d 589 (1983)

In the Matter of Jamie D., a Person Alleged to be a Juvenile Delinquent, Respondent. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Michael S. Adler, Leonard Koerner and Carolyn E. Demarest of counsel), for appellant.

John F. McGlynn and Lenore Gittis for respondent.

Chief Judge COOKE and Judges JASEN and MEYER concur with Judge JONES; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs.

JONES, J.

A knife which may not come within the term "dangerous knife" under section 265.05 of the Penal Law by reason of its inherent characteristics may nonetheless be determined to fall within the statutory prescription when the circumstances of its possession including the behavior of its possessor demonstrate that the possessor himself considered it a weapon and thus a "dangerous knife" within the contemplation...

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