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PEOPLE v. JOHNSON

Ind. No. 4688/17. Appeal No. 13433. Case No. 2019-5243.

192 A.D.3d 603 (2021)

141 N.Y.S.3d 303

2021 NY Slip Op 01864

The People of the State of New York, Respondent, v. Robert Johnson, Appellant.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael D. Tarbutton of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Moulton, Shulman, JJ.

The People, in the exercise of their broad prosecutorial discretion, have agreed that the weapon charge should be dismissed under the particular circumstances of this case and in light of recent legislation amending Penal Law § 265.01 to effectively decriminalize the simple possession of gravity knives, notwithstanding that this amendment does not apply retroactively. We find it unnecessary to reach any other issues (see People v Caviness, 176 A.D.3d 522 [1st...

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