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CUT IT OUT!

When police officers stopped Elliot P. for a traffic infraction, they uncovered a gravity knife in his pocket, and arrested and charged Elliot with criminal possession of a weapon.

At trial, Elliot unsuccessfully argued before the New York County Supreme Court that because he was unaware that he had a gravity knife, prosecutors couldn’t prove the requisite mens rea--in other words, that he knowingly violated the law.

On appeal, both the Appellate Division, First Department, and the New York State Court of Appeals concluded the “knowledge” element was satisfied by Elliot’s mere possession of the weapon; whether or not he knew it met the definition of a gravity knife wasn’t necessary or dispositive.

No lacking gravity there.

To view a copy of the Court of Appeals decision, please use this link: People v. P.

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