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In the Matter of RICCI S., a Person Alleged to be a Juvenile Delinquent, Appellant. CITY OF NEW YORK, 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.

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MATTER OF RICCI S
(Jun 6, 1974)