People v Kong Wang
Decided on October 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ
People of the State of New York, Respondent,
Kong Wang, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New
York County (Larry R.C. Stephen, J.), rendered May 24, 2005, after a nonjury trial, convicting
him of two counts of attempted criminal possession of a weapon in the fourth degree, and
sentencing him to time served.
Judgment of conviction (Larry R.C. Stephen, J.), rendered May 24, 2005, affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 ). The credited testimony established the legality of the vehicle stop based on a traffic violation, as well as the legality of the ensuing police conduct.
The verdict was based on legally sufficient evidence and was not against the weight of the
The trial evidence established that both knives possessed by defendant met the statutory definition of a gravity knife (see Penal Law § 265.00). The testifying police officer demonstrated at trial that the knives opened with the use of centrifugal force. That the second knife did not open on the officer's initial attempt at trial did not preclude a finding of its operability as a gravity knife (see e.g. People v Smith, 308 AD2d 608 ). Finally, the Penal Law provisions defining "gravity knife" (see Penal Law §§ 265.00 and 265.01) are not impermissibly vague as applied to defendant (see People v Stuart, 100 NY2d 414, 421 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 31, 2007