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  1. #1
    Join Date
    Jul 2005
    Location
    New York
    Posts
    2

    Default NY State penal code 265.01 (2) criminal weapon posession

    I had a knife that could be designated a "dagger" among my gear coming back from a camping trip and am charged with Criminal Posession of a Weapon penal code 265.01 (2)

    A person is guilty of criminal possession of a weapon in the fourth degree when:
    .........
    (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;
    .......

    The knife was in a sheath in my car.... I am planning to use the "with intent to use the same unlawfully against another" to plead not guilty since I was not even holding it and there was noone around to use it against.

    Is this a cut and dry dismissal or are there any "intent" tricks I should be prepared for?

    hearing is coming soon so quick replies are appreciated :roll:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Criminal Charge

    I recommend using a criminal defense lawyer and, if possible under and supported by your state's criminal procedure and case law, bringing a motion to dismiss on the basis of your camping trip and the absence of any evidence of intent.

  3. #3
    Join Date
    Jul 2005
    Location
    New York
    Posts
    2

    Default

    At what point can I bring a motion to dismiss?
    Can I do this the same hearing as when I enter my plea of not guilty?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,644

    Default Motion to Dismiss Criminal Charge

    You would bring a motion to dismiss in advance of trial. You may be able to bring it at the same time as your plea hearing, but there is probably a special motion day. I recommend that you get assistance from a lawyer.

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