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People v. Mashaw

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1978
66 A.D.2d 955 (N.Y. App. Div. 1978)

Summary

vacating conviction where operability not established

Summary of this case from Copeland v. Vance

Opinion

December 21, 1978


Appeal from a judgment of the County Court of St. Lawrence County, rendered April 3, 1978, upon a verdict convicting defendant of the crime of criminal possession of a dangerous weapon in the third degree. The defendant was charged with the criminal possession of a gravity knife (Penal Law, § 265.02). The testimony in this record fails to establish that the instrument in question operated in the manner defined by statute (Penal Law, § 265.00, subd 5) at the time and place that the defendant was charged with possession of a "gravity knife". Accordingly, the evidence is insufficient to establish the guilt of the defendant, beyond a reasonable doubt (see People v. McDowdell, 59 A.D.2d 623). Judgment reversed, on the facts, and indictment dismissed. Mahoney, P.J., Greenblott, Sweeney, Kane and Staley, Jr., JJ., concur.


Summaries of

People v. Mashaw

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 1978
66 A.D.2d 955 (N.Y. App. Div. 1978)

vacating conviction where operability not established

Summary of this case from Copeland v. Vance
Case details for

People v. Mashaw

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES STEVEN MASHAW…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 1978

Citations

66 A.D.2d 955 (N.Y. App. Div. 1978)

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