People v. Dreyden, 2007-1047 K CR.
| Decision Date | 09 March 2009 |
| Docket Number | No. 2007-1047 K CR.,2007-1047 K CR. |
| Citation | 879 N.Y.S.2d 283,23 Misc.3d 34,2009 NY Slip Op 29099 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DREYDEN, Appellant. |
| Court | New York Supreme Court — Appellate Term |
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 [2002]).
Accordingly, the judgment of conviction is affirmed.
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...insufficient on their face (see People v. Dreyden, 15 N.Y.3d 100, 905 N.Y.S.2d 542, 931 N.E.2d 526 [2010], revg. 23 Misc.3d 34, 879 N.Y.S.2d 283 [2d Dept.2009] ). Under docket number 2012NY056355, defendant was accused of committing a violation of disorderly conduct pursuant to PL 240.20(5)......
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People Of The State Of N.Y. v. Dreyden
...criteria for a gravity knife or state that the knife was operational in order to satisfy jurisdictional requirements (23 Misc.3d 34, 879 N.Y.S.2d 283 [2009] ). A Judge of this Court granted leave to appeal (12 N.Y.3d 924, 884 N.Y.S.2d 706, 912 N.E.2d 1087 [2009] ). We now reverse. “The fact......
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People v. Tardif
...complaints herein are clearly jurisdictionally insufficient on their face (see People v Dreyden, 15 NY3d 100 [2010], revg23 Misc 3d 34 [2d Dept 2009]). Under docket number2012NY056355, defendant was accused of committing a violation of disorderly conduct pursuant to PL 240.20 (5). The accus......
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People v. Dreyden
...N.E.2d 1087 12 N.Y.3d 924 PEOPLE v. DREYDEN. Court of Appeals of New York. July 22, 2009. Appeal from App. Term, 2d Dept.: 23 Misc.3d 34, 879 N.Y.S.2d 283 Application in Criminal Case for Leave to Appeal Granted. (Read, J.). ...