Presumption of Intent to Use a Knife Unlawfully
In People v. Bahamundi (99 AD2d 534 [2d Dept 1984]), the Second Department held that an indictment charging Penal Law 265.01 (2) must be dismissed where the People had failed to allege intent to use a knife unlawfully and had charged only that the defendant possessed a knife.
Bahamundi, however, makes no reference to Penal Law 265.15 (4)--presumably because the statutory presumption does not apply to a mere "knife" but only to a "dangerous knife." (See, People v. Rivera, 182 Misc 2d 244 [Crim Ct, NY County 1999].)
Inasmuch as the presumption was not available to supply the missing element of intent, Bahamundi offers us no guidance in a case, such as this one, that relies on the presumption.