In the Matter of Jamie D., a Person Alleged to be a Juvenile Delinquent, City of New York

Summary

The New York Court of Appeals held that a knife can be deemed a “dangerous knife” under §265.05 of the Penal Law when the circumstances of its possession and the possessor’s intent demonstrate it is being used as a weapon, thereby reversing the Appellate Division’s dismissal and remanding for further proceedings. A dissent argued that the statute should be interpreted objectively and not based on the possessor’s subjective intent.