One of the most common scenarios involving Criminal Possession of a Weapon in the Fourth Degree pursuant to Penal Law 265.01(1) arises where a person is stopped in the subway or on the street after the NYPD observe what to be the clip of a knife on the outside of their pant pocket. Upon search, the clip is attached to either a switchblade or gravity knife and the police make an arrest for a
New York knife crime. Another routine example is where a resident or visitor is flying out of JFK or LaGuardia Airport and forgets or is simply unaware that in his or her bag is a bludgeon, metal or brass knuckles, or even certain sling shots. These objects qualify as per se contraband and a Desk Appearance Ticket is issued assuming you have a clean past.
Usually associated with other “bad” conduct, a relatively common scenario that runs afoul of Penal Law 265.01(2) involves one party using an otherwise insignificant object as a dangerous instrument to perpetrate the crimes of Assault or Menacing. While an iPad or laptop is certainly not considered as such a thing by itself, if you raise it over your head to strike someone or actually hit them in the face, you have not only committed the crime of Assault, but CPW4 as well.
