Summary
In People v. Glassman (255 App. Div. 997), a conviction for carrying and possessing an ice pick under section 1897 was reversed for lack of proof of unlawful intent beyond reasonable doubt although the court said it assumed but did not decide that an ice pick was a dangerous weapon within the meaning of the statute.
Summary of this case from People v. AdamkiewiczOpinion
December 16, 1938.
Appeal from Court of Special Sessions of the City of New York, Borough of Brooklyn, County of Kings.
Judgments reversed on the law, information dismissed and defendants discharged. The evidence does not establish beyond a reasonable doubt that the defendants carried the icepicks, screwdriver, razor and vegetable knife with intent to use them against the person of another. We assume, without deciding, that some of the tools enumerated, such as icepicks, screwdriver and vegetable knife, are dangerous weapons within the meaning of section 1897 of the Penal Law. Lazansky, P.J., Hagarty, Carswell and Johnston, JJ., concur; Davis, J., dissents and votes to affirm.