to exercise dominion or control over tangible property.7 A person KNOWINGLY possesses a (specify name of applicable knife) when that person is aware that he or she is in possession of a knife. That person need not know, (that is, need not be aware), that the knife he or she possesses is a (specify name of applicable knife).8 In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, the following three elements: That on or about (date), in the County of (County), the defendant, (defendant's possessed a knife; name), That the defendant knowingly possessed a knife; and That the knife was a (specify name of applicable knife). If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. See Penal Law § 10.00 (8). Where constructive possession is 8 alleged, or where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. See Penal Law § 15.05 (2); People v Parrilla, 27 NY3d 400 (2016). 9 3
to exercise dominion or control over tangible property.7 A person KNOWINGLY possesses a (specify name of applicable knife) when that person is aware that he or she is in possession of a knife. That person need not know, (that is, need not be aware), that the knife he or she possesses is a (specify name of applicable knife).8 In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, the following three elements: That on or about (date), in the County of (County), the defendant, (defendant's name), possessed a knife; That the defendant knowingly possessed a knife; and That the knife was a (specify name of applicable knife). If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. 8 See Penal Law § 10.00 (8). Where constructive possession is alleged, or where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. 9 See Penal Law § 15.05 (2); People v Parrilla, 27 NY3d 400 (2016). 3
265-01(1).knives.docx