Convicted by a New York County Supreme Court jury of criminal possession of a weapon in the third degree, and possession of a controlled substance in the seventh degree, and sentenced to a term of 2 to 4 years, Reginald Herbin asked the Appellate Division, First Department, to reverse the outcome because he believed the jury's verdict went against the weight of the evidence.
While Herbin argued that the statutory prohibition against possessing a "gravity knife" was unconstitutionally vague, the AD1 thought the law clearly afforded the public notice of the governing guidelines.
The AD1 could also discern no irregularity with the judge's jury instructions, and found the testimony from a physics professor to have been properly excluded because it would have needlessly confused the jurors.
He definitely gravitated to jail.
To view a copy of the Appellate Division's decision, please use this link: People v. Herbin