In re Antwaine T.

When Respondent was fifteen, he was charged with unlawful possession of weapons by persons under sixteen in violation of N.Y. Penal Law 265.05. The charges stemmed from a police officer’s recovery of a machete from Respondent. The Appellate Division found the petition facially insufficient because it did not contain allegations that would have established that the knife Respondent possessed was a “dangerous knife” under section 265.05. Rather, the Appellate Court found that the knife was “utilitarian.” The Court of Appeals reversed, holding that, “while a machete has utilitarian purposes, it would be unreasonable to infer from the statement supporting the petition that Respondent was using the machete for cutting plants.” View "In re Antwaine T." on Justia Law