Criminal Possession of a Weapon in the Fourth Degree, otherwise known as Fourth Degree Weapon Possession, is a fairly common misdemeanor arrest charge throughout the boroughs of New York City and the rest of New York State. Beyond an arrest for NY PL 265.01, the police can issue a NYC…
There are few crimes that prosecutors in New York take as seriously as those involving the illegal possession of firearms, revolvers, pistols, glocks and other weapons. In fact, not only is it an “automatic” felony in New York to possess a loaded firearm outside your home or place of business…
According to reports, rapper-singers Drake and Chris Brown, along with their respective entourages, OD’d in testosterone and supposed manhood at Manhattan’s club W.I.P. Whether it was the result of one too many cocktail, it is alleged that Drake taunted Brown over the former’s “between the sheets dancing” with the over-hyped…
The most common crime involving weapon arrests in New York is likely Criminal Possession of a Weapon in the Fourth Degree pursuant to New York Penal Law 265.01(1). This specific subsection involves per se weapons defined by statute. If you broke this crime down further in terms of the type…
As a preliminary matter before addressing the issue and court decision in this blog entry, I want to briefly state the law of possessing unlicensed firearms, guns, revolvers, pistols, etc. in the State of New York. Pursuant to New York Penal Law 265.03, Criminal Possession of a Weapon in the…
There are few crimes – misdemeanor or felony – that are as fiercely prosecuted by Assistant District Attorney’s throughout New York than weapon crimes. Whether the offense is of the misdemeanor variety (NY PL 265.01) and involves a gravity knife or the crime is of the felony level and involves…
What is a Gravity Knife? Is it illegal to have a gravity knife on my person under New York Law? Under what circumstances can the New York Police search me on a Manhattan Street or a Queens subway station? Once I am arrested for possessing a gravity knife is it…
Did Meredith Graves get a “good deal” from Manhattan District Attorney Cyrus Vance, Jr. after she accepted his misdemeanor non-jail plea bargain? Did DA Vance do the “right thing” in offering a non-felony plea? Certainly, the technical answer to both of these questions is an unequivocal “yes.” After all, it…
From gravity knives to switchblade knives, whether in Manhattan, Brooklyn, Queens or out in Westchester County, as an experienced New York criminal lawyer I have frequently seed defendants charged with Criminal Possession of a Weapon in the Fourth Degree. A misdemeanor, CPW 4, pursuant to New York Penal Law 265.01,…
You received a summons for having an open container of beer somewhere in New York City either on the streets of Brooklyn or Manhattan. The police issued you a pink summons and you believed you were on your way to a slap on the wrist. However, to your surprise, you,…