28 N.Y.3d 1180 (2016)

A metal, extendable baton can be considered a “billy” under New York Penal Law § 265.01(1), which prohibits possession of certain weapons.

Summary

The New York Court of Appeals addressed whether a metal, extendable baton constituted a “billy” as defined by Penal Law § 265.01(1). The defendant was charged with possessing a “rubber-gripped, metal, extendable baton (billy club).” The Court of Appeals reversed the lower court’s decision to dismiss the accusatory instrument. The court held that the term “billy” should be given its ordinary and commonly understood meaning, which includes a metal, extendable baton. The court considered dictionary definitions, case law, and related statutory provisions to determine that the baton in question fit within the definition of a billy.

Facts

A police officer observed Alexis Ocasio with a “rubber gripped, metal, extendable baton (billy club)” in his rear pants pocket. The officer, based on his training and experience, stated that the baton was designed primarily as a weapon. Ocasio was charged with criminal possession of a weapon in the fourth degree. Ocasio moved to dismiss the accusatory instrument, arguing the object described did not constitute a “billy.” The Criminal Court granted the motion. The Appellate Term affirmed. The People appealed to the Court of Appeals.

Procedural History

1. Criminal Court granted Ocasio’s motion to dismiss the accusatory instrument, concluding the description of the object was insufficient to charge him with possessing a billy.
2. The Appellate Term affirmed the Criminal Court’s decision.
3. The New York Court of Appeals granted the People leave to appeal.

Issue(s)

1. Whether the accusatory instrument, which described the object as a metal, extendable baton, was facially sufficient to charge Ocasio with possessing a “billy” under Penal Law § 265.01(1).

Holding

1. Yes, because the Court determined that a metal, extendable baton falls within the common understanding of the term “billy” and, therefore, the accusatory instrument was sufficient.

Court’s Reasoning

The court began by examining the language of Penal Law § 265.01(1), which does not define “billy.” It then looked to the ordinary and commonly understood meaning of the word. The court considered that the meaning of billy has evolved over time, from a wooden club to potentially include a metal, extendable baton. Dictionary definitions were used to determine the current meaning, and the court found the definitions of “baton” and “billy” to be interchangeable. Further, the court relied on case law that recognized the terms “nightstick” and “baton” may be interchangeable with “billy.” The court also referenced Penal Law § 265.20(b), which refers to a “police baton” as a type of billy. The court held that a “billy” is a cylindrical or rounded, rigid club or baton with a handle grip designed to be used as a striking weapon. Finally, the court considered the collapsible or extendable nature of the object and found that it did not meaningfully change the essence or functionality of the object, and therefore did not change its character as a billy.

Practical Implications

This case clarifies the definition of “billy” under New York law, specifically including metal, extendable batons. Prosecutors can now charge individuals possessing such batons with violating Penal Law § 265.01(1). Defense attorneys must be prepared to argue against the inclusion of a metal, extendable baton under the definition of billy, based on the specific facts of the case and the particular characteristics of the item. This decision affects how law enforcement and the courts will treat possession of these types of weapons in future cases. The ruling underscores the importance of considering the plain meaning of statutory language and the need to keep abreast of developments in technology that may alter the way those definitions are applied. This case also highlights the relevance of dictionary definitions and the interpretations of similar terms when interpreting criminal statutes. The case confirms that the term “billy” has a well understood meaning that encompasses more than just wooden clubs.