Small Victory in NY

Reeper22

Reeper22

Joined
Nov 3, 2009
Messages
630
So the NY Court of Appeals (the highest state court) held in a decision early this morning that a prima facie showing or explanation must be made on the police report and on the D.A.'s complaint of how the knife in the arrest is a gravity knife. Before this ruling, complaints against defendants would only state that the defendant was in possession of a gravity and not explain how it fit the description of a gravity knife.

I have a feeling this will lead to less bullshit arrests now that the officer is required to describe the knife. Judges and A.D.A.'s aren't going to be able to uphold convictions of regular pocket knives by flicking out the handle. Because this decision was handed down just this morning and hasn't been published by the official reporter I don't have a citation but go here and read the decision in People v. Dreyden http://www.courts.state.ny.us/CTAPPS/decisions/2010/jun10/jun10.htm
 
Very interesting. Nice to see they referenced the Izzarry case. As you stated, there is little real change in what is a gravity knife, and about three months ago a Brooklyn court affirmed that a Gerber Gator was indeed at gravity knife at a hearing held just for that purpose. In Ny, any victory is a good one. Thanks for posting.
 
Limits on knives won't reduce violent crimes. Never has, never will. Especially in NY.
I like the whole "explanation" idea so the arresting officer is made to clarify the details of the offending weapon but, to me still doesn't make up for the fact that the state officials should be making more violent criminal arrests and stop freaking over who sold them the knife and spanking them for it along with the citizens that use their knives daily for work or recreation.
I guess it's easier to go after the retailers than to try and arrest the the guy that just mugged 20 people with a 6" automatic stiletto. He might give you some trouble.
The DA's office as with most of the Govt. officials are pansies that probably grew up with their mothers cutting the crusts off of their pb&j with a plastic butter knife so as not to offend their delicate sensibilities.

Sorry. These buttheads make the inside of my eyeballs itch.
I'm done.
 
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