People v. Berrier
| Decision Date | 23 January 1996 |
| Citation | 223 A.D.2d 456,637 N.Y.S.2d 69 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Evilio BERRIER, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
G. Mansfield, for respondent.
A. Burke, for defendant-appellant.
Before SULLIVAN, J.P., and WALLACH, RUBIN, KUPFERMAN and MAZZARELLI, JJ.
Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered January 7, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, petit larceny and criminal possession of stolen property in the fifth degree, and sentencing him, as a second felony offender, to concurrent prison terms of 2 1/2 to 5 years, and 1 year, and an unconditional discharge, respectively, unanimously affirmed.
The trial court correctly charged that in order to convict defendant of possessing a gravity knife, the prosecution had to prove that defendant knew he had a knife in his possession, not that he knew it was specifically a gravity knife, and that the knife fit the legal description of a gravity knife under Penal Law § 265.00(5). Knowledge that the thing possessed answers the description of one of the prohibited instruments is not an element of third-degree criminal possession of a weapon (Penal Law § 265.02[1]; People v. Visarities, 220 App.Div. 657, 658, 222 N.Y.S. 401, citing People v. Persce, 204 N.Y. 397, 97 N.E. 877; see also, People v. Ansare, 96 A.D.2d 96, 97, 468 N.Y.S.2d 269).
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...he possessed a knife; not that he knew that the knife fit the statutory description of a gravity knife. See People v. Berrier, 223 A.D.2d 456, 457, 637 N.Y.S.2d 69 (1st Dept.) lv. denied 88 N.Y.2d 876, 645 N.Y.S.2d 450, 668 N.E.2d 421 (1996). As the minutes of the proceeding show, the Court......
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