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…
Articles Posted in Weapon Possession
Drake – Brown Beatdown: Possible Criminal Arrests & Charges After Club WIP Bar Fight in Manhattan
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…
Gravity Knife Arrests in New York: Is a Police Officer’s Mere Conclusion that You Possessed a Gravity Knife Sufficient to Support a NY PL 265.01 Complaint
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…
Is Proof of an Out of State Firearm Permit or License a Defense to the Charge of NY PL 265.03 – Criminal Possession of a Weapon in the Second Degree?
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…
Presuming Criminal Intent when Possessing a Non Per Se Weapon: Understanding New York Penal Law Article 265 Crimes
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…
New York Gravity Knife Arrests & DATs: When a Search May be Illegal
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…
Manhattan Gun Crimes & Meredith Graves: The Unforgiving Reality of a Second Degree Criminal Possession of a Weapon Charge
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…
The Legal Burden in Establishing a Working “Weapon” in New York Criminal Court: NY PL 265.01
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,…
When Police Conduct a Post Arrest Search Without an Arrest: Challenging Illegal Searches in New York
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,…
Tennessee Woman Arrested for Possessing & “Checking” Loaded Firearm at Ground Zero: Analysis of NY PL 265.03 & Its Strict Enforcement
To do the “right thing” almost always takes courage. The path of least resistance it is not. In New York City, where gun crime seems to have been relatively rampant over the past year recently culminating in the tragic death of New York City Police Officer Peter Figoski, District Attorneys…