After his van was stopped, officers searched James Dreyden and supposedly found a "gravity knife." Although he pled guilty to a misdemeanor, Dreyden later appealed his conviction, arguing that officers had erred as to the kind of knife in his possession.
While the Appellate Term, Second Department, affirmed Dreyden's conviction, it took our state's highest court to figure out that every knife isn't an illegal weapon.
Since a gravity knife has a blade that "is released from the handle ... by the force of gravity or the application of centrifugal force," and is "locked in place when released," the Court of Appeals thought that "professional skill" was required to distinguish a gravity knife from any other kind of cutlery--like a butterfly knife or a pocketknife.
Because officers failed to provide the facts supporting their conclusion, that error was seen as a "nonwaivable jurisdictional" and reversible defect.
Who's the tool there?
To view a copy of the Court of Appeals's decision, please use this link: People v. Dreyden