Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Federal Judge Rules Controversial Gravity Knife Law Is Too Vague To Enforce
By
Jake Offenhartz
Published Mar 29, 2019
Modified Mar 29, 2019
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Hagen Zapf/imageBROKER/Shutterstock
By
Jake Offenhartz
Published Mar 29, 2019
Modified Mar 29, 2019
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A federal judge in New York has deemed a state ban on gravity knives to be unconstitutional — but stopped short of striking down the controversial statute entirely.
Citing the "high risk of arbitrary and discriminatory enforcement," Judge Paul Crotty ruled on Thursday that police officers and prosecutors had too much discretion in enforcing the 1950s-era law. Specifically, the judge mentioned the unreliability of the so-called "wrist-flick test" — an imprecise standard used in the past by both the NYPD and Manhattan District Attorney Cy Vance to see whether the folding knives require force to open.
"Criminal culpability here is tied to a vague definition and functional test that could have outcomes depending on who is performing it and when," wrote Crotty. "People should be able to tell whether their conduct is lawful or unlawful."
Criminal justice advocates have long argued that the ban unfairly targets chefs and other service employees who use folding knives for work. In one high-profile case, police arrested chef Nate Appleman, who was at the time in charge of the kitchen at Keith McNally's now-defunct Bowery pizza restaurant Pulino's.
Analyses from both the Legal Aid Society and the Village Voice found that the vast majority of people charged with gravity knife possession in New York are black and Hispanic.
The state legislature has passed legislation to decriminalize certain gravity knives in recent years, but Governor Andrew Cuomo has twice vetoed the measure.
As advocates celebrated the judge's decision, they were also quick to note that the opinion does not necessarily invalidate the law. For now, the decision only applies to the plaintiff in the case: Joseph Cracco, a sous chef who was arrested in Grand Central Terminal in 2013 for carrying a folding knife that he used for work. Though the law will likely be used to argue against gravity knife charges in future cases, it is merely a "step toward [the] ultimate goal" of repeal, according to public defenders.
With that aim in mind, the Appeal reports that State Assemblymember Dan Quart introduced a bill last month to strike the term gravity knife from the penal code altogether. The Manhattan assemblyman expects the bill to move easily through the Democratic-controlled legislature, ending up on Cuomo's desk by the end of the year.
The Governor's Office did not respond to Gothamist's inquiries about whether he would sign the legislation, or his reaction to the federal judge's ruling. A spokesperson for the Manhattan D.A. Cy Vance — one of the law's most vocal defenders — said in a statement that the office was "reviewing the decision."
Tagged
cy vance
folding knife
governor cuomo
gravity knife
Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Retired NYPD detective charged with murder in George Washington Bridge shooting
Police say a Rockland County man was fatally shot during what appeared to be a road rage incident on Tuesday night.
By
Charles Lane
Published Oct 21, 2026 at 4:26 p.m. ET
Modified Oct 21, 2026 at 5:43 p.m. ET
NYPD officer faces disciplinary trial 10 years after killing Delrawn Small
Officer Wayne Isaacs will go on trial in January on a charge that he used improper force when he shot and killed Delrawn Small in East New York in July 2016.
By
Ben Feuerherd
News
NYPD officer faces disciplinary trial 10 years after killing Delrawn Small
Officer Wayne Isaacs will go on trial in January on a charge that he used improper force when he shot and killed Delrawn Small in East New York in July 2016.
By
Ben Feuerherd
NYC adult daycare operators charged with committing over $500K in Medicaid fraud
By
Caroline Lewis
Port Authority eyes $117M fix to Manhattan roadway where falling debris smashed cars
By
Ramsey Khalifeh
Bronx couple starved their 3-year-old to death, indictment says
By
Catalina Gonella
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .