PEOPLE v. WOOD


58 A.D.3d 242 (2008)

869 N.Y.S.2d 401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENN WOOD, Appellant.

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

December 9, 2008.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Britta Gilmore and Patrick J. Hynes of counsel), for respondent.

Concur: BUCKLEY, MOSKOWITZ, RENWICK and DEGRASSE, JJ.


OPINION OF THE COURT

GONZALEZ, J.P.

In order to convict a defendant of criminal possession of a weapon in the third degree for unlawfully possessing a switchblade knife that was disguised as a cigarette lighter (Penal Law § 265.02 [1]; § 265.01 [1]), must the prosecution prove that the defendant knew that he or she possessed a switchblade knife or at least that the object possessed functioned as a weapon? Or, as the People here argue, is it sufficient...

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