Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

People v. Dreyden

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM 2nd, 11th and 13th JUDICIAL DISTRICTS


March 9, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMES DREYDEN, APPELLANT.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (John H. Wilson, J.), rendered June 3, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the printed Miscellaneous Reports.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.

Judgment of conviction affirmed.

Defendant pleaded guilty to criminal possession of a weapon in the fourth degree (Penal Law § 265.01) in satisfaction of an accusatory instrument charging him with said offense as well as unlawful possession of marihuana (Penal Law § 221.05). On appeal, he challenges for the first time the jurisdictional sufficiency of the accusatory instrument as it relates to criminal possession of a weapon in the fourth degree, alleging, inter alia, that the "conclusory" reference in the factual part to the weapon in question as a gravity knife was insufficient (cf. Matter of Rodney J., 83 NY2d 503, 507 [1994]).

In our opinion, the accusatory instrument did not have to contain the detailed definition set forth in Penal Law § 265.00 (5), nor did it have to state that the knife was operational, as the term "gravity knife" is self defining (see People v William, 191 Misc 2d 293 [App Term, 2d & 11th Jud Dists 2002], lv denied 98 NY2d 682 [2002]). While proof that the object was a gravity knife, as that term is defined in Penal Law § 265.00 (5), and that it was operational, is required for conviction (see People v Zuniga, 303 AD2d 773, 774 [2003]), such detailed allegations are unnecessary to satisfy the jurisdictional requirements of an accusatory instrument (see CPL 100.15, 100.40; People v Casey, 95 NY2d 354 [2000]; William, 191 Misc 2d 293).

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.

20090309

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.