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PEOPLE v. BEST

57 A.D.3d 279 (2008)

869 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE BEST, Appellant.

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

December 11, 2008.

In this case of possession of a gravity knife (see Penal Law § 265.00 [5]), the court correctly instructed the jury that the knowledge element was defendant's knowledge that he possessed a knife, but not knowledge that the knife met the definition of a gravity knife (see People v Berrier, 223 A.D.2d 456 [1996], lv denied 88 N.Y.2d 876 [1996]; cf. People v Wood, ___ AD3d ___, 2008 NY Slip Op 09658 [2008]...

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