PEOPLE v. ALSTON

11596. 2975/14.

184 A.D.3d 415 (2020)

123 N.Y.S.3d 495

2020 NY Slip Op 03183

The People of the State of New York, Respondent, v. Ricky Alston, Appellant.

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

Decided June 4, 2020.


The People, in the exercise of their broad prosecutorial discretion, have agreed that defendant's third-degree weapon possession conviction should be vacated under the particular circumstances of the case and in light of recent legislation amending Penal Law § 265.01 to effectively decriminalize the simple possession of gravity knives, notwithstanding that this law does not apply retroactively (see People v Caviness, 176 A.D.3d 522 [2019], lv denied 34...

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