CJI2d[NY] Penal Law § 265.01 (2)

(Committed on or after Nov. 1, 1988; except:

Aug. 19, 2016, for “machete”;

Nov. 1, 2019, for “undetectable knife”)

(Revised Jan. 2017; Dec. 2022)¹

The (specify) count is Criminal Possession of a Weapon in the Fourth Degree.

Under our law, a person is guilty of Criminal Possession of a Weapon in the Fourth Degree when that person knowingly² possesses any

Select appropriate weapon:

dagger

dangerous knife

dirk

machete

razor

stiletto

imitation pistol

undetectable knife

(other) dangerous or deadly instrument or weapon,

with intent to use the same unlawfully against another.

The following terms used in that definition have a special meaning: ³

If applicable:

DEADLY WEAPON means:

Select appropriate alternative:

any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.

a switchblade knife, defined as any knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.

a pilum ballistic knife, defined as any knife having a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.

a metal knuckle knife, defined as a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife.

metal knuckles, defined as a metal object with multiple holes, through which individual places his or her fingers so that a metal bar rests atop the individual's knuckles.

a billy, defined as a cylindrical or rounded, rigid, club or baton with a handle grip which, from its appearance and inherent characteristics, is designed to be used as a striking weapon and not for other lawful purposes.

a dagger

a blackjack

plastic knuckles.⁴

[UNDETECTABLE KNIFE means any knife or other instrument, which does not utilize materials that are detectable by a metal detector or magnetometer when set at a standard calibration, that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon.⁵]

DANGEROUS INSTRUMENT means any instrument, article or substance (including a vehicle) which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury,⁶ that is, serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.⁷ Under that definition, death or other serious physical injury need not, in fact, be caused.]

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.⁸

A person KNOWINGLY possesses (specify) when that person is aware that he or she is in possession of an object that is (specify). ⁹ That person need not know (that is, be aware of) the object’s name or that it meets the definition of (specify).¹⁰

INTENT means conscious objective or purpose.¹¹ Thus, a person acts with intent to use a (specify) unlawfully against another when his or her conscious objective or purpose is to do so.¹²

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:

1. That on or about (date) , in the county of (County), the defendant, (defendant's name) possessed a (specify);

2. That the defendant did so knowingly; and

3. That the defendant did so with intent to use (specify) unlawfully against another.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.

count.