People v. Dreyden

In People v. Dreyden (15 NY3d 100 [2010]), the Court of Appeals determined that a misdemeanor complaint charging a defendant with possession of a gravity knife was jurisdictionally defective, as it did not satisfy the "reasonable cause" requirement of CPL 100.40 (4) (b). The Court explained that "[n]ot every knife is a weapon for purposes of Penal Law 265.01 (1), which specifically outlaws possession of a gravity knife, among other weapons" (Dreyden, 15 NY3d at 103-104). Penal Law 265.00 (5) defines a gravity knife as a knife with "a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device. . . . This definition distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force" (Dreyden, 15 NY3d at 104).