Opinion
Argued May 8, 1974
Decided June 6, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NANETTE DEMBITZ, J.
Ms. Michael Gage, Steven M. Schlussel and William E. Hellerstein for appellant.
Adrian P. Burke, Corporation Counsel ( Susan S. Belkin and Milton H. Harris of counsel), for respondent.
Order reversed, without costs, and the petition dismissed in the following memorandum: While we find that there was probable cause for the arrest of the alleged juvenile delinquent, we conclude that violation of subdivision 4 of section 265.05 of the Penal Law was not established. An unmodified hunting knife with a five- to six-inch blade cannot be said to be a dangerous knife within the meaning of that subdivision.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.