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HUGE RULING. For decades, predominately service level workers were stopped, frisked, arrested, & prosecuted for criminal possession of a weapon for *carrying work knives.* Lead to criminal records, deportations, & other costly consequences. Cuomo twice vetoed repeal. Now justice.
Posession of so-called “gravity knives” is example of a “crime” that should have been decriminalized long ago bc of its overbroad & discriminatory application. We’ve known for far too long that criminalization didn’t enhance public safety. But just hurt communities unnecessarily.
Original intent of criminal laws aside, *we have to be willing to amend and/or appeal our criminal laws as new information comes to light.* Apropos another on point, relevant, & timely observation in @RachelBarkow’s new book: 
Some examples of NY laws that should be decriminalized bc of their discriminatory application to public health & poverty issues w/ no salutary effect: Drug possession, theft of public transport, petit larceny, suspended license, trespass, marijuana, sex work. Reinvest instead.
An example of a NY offense classified as “violent” that should be declassified. Burglary in Second Degree: Most charged are poverty and/or substance-abuse stricken ppl stealing from lobbies. Bc considered “dwelling,” it’s “violent.” Mand min: 3.5 years.
Impt point about decision on constitutionality of gravity knife prohibition. (👇). It’s a single case w/ ruling just for one person (“as applied”). No order enjoining broader enforcement. Repeal is still needed. But decision is huge boon for that effort.
While Judge Crotty is careful to clarify decision only applies to Plaintiff, his language is strong & broadly applicable.
1. Clarifies law “not intended” to criminalize those *currently criminalized*: “Cooks, craftsmen, & laborers” using knives to “perform their job functions.”
1. Clarifies law “not intended” to criminalize those *currently criminalized*: “Cooks, craftsmen, & laborers” using knives to “perform their job functions.”
2. The judge ruled that *the law* prohibiting possession of the types of knives our clients are charged with possessing too readily runs the “risk of arbitrary enforcement.” The risk is reality in every case public defenders see.
3. Judge points out the ridiculousness of arresting & prosecuting people for knives “sold openly in stores in NY.” Makes point that “ordinary person” might not think something so ubiquitous is illegal. That’s commonsense.
4. Judge focuses on “conduct” at issue. Finds just carrying a knife that is not “used to advance criminal purposes”-does not fall within “core of the gravity knife statute’s prohibition.” I’ve never met a single person charged w/ gravity knife posession with a “criminal purpose.”
5. Ends strong with a caution backed up by experience, applying far beyond this single case. The statute improperly “provides police & prosecutors virtually unlimited or unfettered discretion to enforce” the statute. A statute that allows for that outcome is *unconstitutional.*
All to say: While opinion not controlling on constitutionality of statute writ large, a respected jurist dismantling it is a major step toward ultimate goals: Repeal &/or invalidation via a full finding of unconstitutionality. And if Cy Vance appeals, we’ll hear from 2d Circuit.
