In re Carlos V., 55 N.Y.2d 585 (1982)
A knife, not inherently dangerous, can be considered a “dangerous knife” under Penal Law § 265.05 if the circumstances of its possession, including the possessor’s behavior, demonstrate that the possessor considered it a weapon.
Summary
Carlos V., a minor, was found in possession of a kitchen knife while allegedly attempting to commit a robbery. The Family Court adjudicated him a juvenile delinquent for violating Penal Law § 265.05, which prohibits persons under 16 from possessing a “dangerous knife.” The Appellate Division reversed, holding the knife was not inherently dangerous. The New York Court of Appeals reversed, holding that a knife, even if typically used as a utensil, can be deemed a dangerous weapon based on the circumstances of possession and the possessor’s conduct, which indicated he considered it a weapon. The court emphasized the importance of context in determining whether an object is a weapon.
Facts
Respondent, under 16, and another youth were observed attempting to rob a youngster with guns. When a passerby intervened, the youths threatened to “blow his head off.” Police apprehended the youths after a chase. Respondent resisted when an officer tried to remove his hand from his belt line. A kitchen knife with an approximately five-inch blade was found protruding from his belt.
Procedural History
A petition was filed in Bronx County Family Court, alleging violations of Penal Law § 265.01(2) (criminal possession of a weapon with intent to use it unlawfully) and § 265.05 (unlawful possession of a weapon by a person under 16). The Family Court dismissed the § 265.01(2) charge but sustained the § 265.05 charge, adjudicating respondent a juvenile delinquent. The Appellate Division reversed the Family Court’s order and dismissed the petition. The Court of Appeals reversed the Appellate Division’s order and reinstated the Family Court’s disposition.
Issue(s)
Whether a kitchen knife, not inherently a weapon, can be considered a “dangerous knife” under Penal Law § 265.05 based on the circumstances of its possession and the possessor’s behavior.
Holding
Yes, because the circumstances of possession, including the respondent’s behavior and reluctance to relinquish the knife when confronted by police, indicated that he considered it a weapon, thus bringing it within the scope of Penal Law § 265.05.
Court’s Reasoning
The court reasoned that while the statute doesn’t define “dangerous knife,” the term should be interpreted in the context of the statute, which concerns weapons. The court distinguished between knives inherently designed as weapons (e.g., bayonets, stilettos) and those primarily designed as utilitarian utensils. For the latter, the determination of whether it is a “dangerous knife” depends on the circumstances of possession. The court referenced Penal Law § 10.00(13), defining “dangerous instrument” as any instrument which, under the circumstances it is used, is readily capable of causing death or serious injury, stating it embodies a sound criminological principle. The court distinguished this case from Matter of Ricci S., 34 NY2d 775 (1974), where possession of a hunting knife during a narcotics search was not deemed unlawful because there was no indication it was being used as a weapon. Here, the respondent’s involvement in an attempted robbery and his resistance when confronted by police demonstrated he considered the knife a weapon. The court stated, “respondent had demonstrated his disposition to violence and criminal activity and then, when accosted, by his behavior and reluctance to give up the knife effectively manifested that he himself considered it a weapon of significance to the police and not an innocent utilitarian utensil.”