Decided On : 5/3/2016
AD1 order dated December 19, 2013, affirming judgment of conviction. Decision below: 112 AD3d 517, 977 NYS2d 29. Read, J., granted leave August 17, 2015. To be argued March 30, 2016.
ISSUES PRESENTED: (1) Whether the court erred in charging the jury, over objection, that to be guilty of possessing a “gravity knife” (PL 265.01), the defendant had to know only that he had a knife in his possession, and not that it possessed the qualities of a gravity knife (PL 265.00). (2) Whether the court’s refusal to discharge a deliberating juror as “grossly unqualified,” after she belatedly and fearfully reported that her living near appellant’s ex-girlfriend could “affect [her] judgment,” and thereafter gave no unequivocal assertion of impartially, deprived appellant of his right to an impartial jury. (Assigned counsel: Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)