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PEOPLE v. BERRIER

223 A.D.2d 456 (1996)

637 N.Y.S.2d 69

The People of the State of New York, Respondent, v. Evilio Berrier, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 23, 1996

The trial court correctly charged that in order to convict defendant of possessing a gravity knife, the prosecution had to prove that defendant knew he had a knife in his possession, not that he knew it was specifically a gravity knife, and that the knife fit the legal description of a gravity knife under Penal Law § 265.00 (5). Knowledge that the thing possessed answers the description of one of the prohibited instruments...

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