If George Orwell’s satirical theory of equality in “Animal Farm” applied to the New York Penal Law, then all knives would be created equal even if certain knives were more equal than others. Fortunately, as any criminal lawyer knows, the Penal Law does not allow for such untenable situations where no matter the knife or blade, possession would always constitute a misdemeanor or “more equal” felony offense. That said, and as routinely addressed by defense attorneys, depending on the blade in question, such as a switchblade that is a per se violation of PL 265.01(1), some knives are automatically considered weapons while others mandate that they are both “dangerous” as prescribed by law and intended to be used in an unlawful manner. These latter violations fall under PL 265.01(2).
In a recent Manhattan Criminal Court case, a presiding judge found that a knife disguised as a pen, aka, a penknife, did not violate the law as pleaded in the accusatory instrument and, therefore, dismissed the case for a lack of legal sufficiency. Evidently, all knives really are not created equal.