PEOPLE v. WILLIAM (2002)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Shawn WILLIAM, Appellant.

Decided: March 05, 2002

Present: ARONIN, J.P., GOLIA and RIOS, JJ.

Brooklyn Defender Services (Miriam J. Hibel of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Ann Bordley and Pascale Charlot of counsel), for respondent.

Judgment of conviction unanimously affirmed.

The appeal from the judgment of conviction brings up for review the lower court's denial of defendant's motion to dismiss the information which charged defendant with criminal possession of a “gravity knife” in violation of Penal Law § 265.01(1) (People v. William, 188 Misc.2d 869, 729 N.Y.S.2d 826).

In our opinion, the lower court correctly concluded that the information need not contain language that the “gravity knife” fulfilled the definition set forth in Penal Law § 265.00(5) or that it was operational. Although proof of same may be required for conviction, it is not necessary to satisfy the jurisdictional requirements of an information (see, CPL 100.15; 100.40; People v. Casey, 95 N.Y.2d 354, 717 N.Y.S.2d 88, 740 N.E.2d 233).

MEMORANDUM.

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