October 7, 2016 The Honorable Andrew M. Cuomo

 

Governor of the State of New York 

 

Executive Chamber 

 

Albany, New York 12224

 

Dear Governor Cuomo:

 

As civic officials in the City of New York who are responsible for the safety of its citizens and for a fair and just criminal justice system, and as labor leaders committed to protecting the well- being of our first responders, we are writing to urge you to disapprove legislation which would change the definition of a gravity knife (A.9042-A) and lead to the legalization of dangerous weapons. In the City of New York, crime continues to decline to historically low levels and we are collectively focused on new strategies to drive down crime even further. Each of us has a firm understanding of what is needed to achieve success in crime reduction, and can recognize  policies that will take us a step back. That is why we are united in our opposition to this legislation which would exacerbate the approximate 8% increase in knife assaults our City is experiencing this year. Last year, there were approximately 4,000 stabbing and slashing incidents, the first year that the New York Police Department tracked these types of crimes separately from other types of felony assaults. The New York Police Department is currently deploying resources and implementing strategies, including Operation Cutting Edge, to reduce the number of felony assaults citywide. This approach focuses on using advanced crime data to identify patterns and trends related to knife-attacks and increasing police presence at high slashing/stabbing locations. Legalizing gravity knives at this juncture would be antithetical to these efforts and would have a

 

Hon. Andrew M. Cuomo October 7, 2016 Page 2 chilling impact on the ability to rein in this criminal activity. Although proponents of this legislation have argued that gravity knives should be legalized because of their utility in certain  professions, especially for tradespersons and arts and crafts professionals, the design of these instruments and the speed with which they can be deployed means that they are as much desirable weapons for those seeking to perpetrate acts of violence as they are effective work tools. The approach taken in this legislation, however, is not the answer. Its arcane language only serves to cloud the definition of both switchblades and gravity knives and would essentially put more of these dangerous weapons on our streets.

 

We have seen just how dangerous these knives can be when used in criminal acts. On April 17, 2012, Police Officer Eden Loor suffered a grave injury when Terrence Hale stabbed him through the skull with a 3-1/2 inch gravity knife. And, in the time period since the passage of the bill by the State Legislature, we have had incidents in the City of New York. In August, a 17-year old male used a gravity knife to attack a subway commuter at a station on 125

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 Street in Manhattan. The attacker was blocking commuters from entering the subway platform and when asked to move by the victim, he slashed the victim in the left and right hands with a gravity knife. Such an incident is a stark reminder of the dangers of these weapons. Enacting legislation that vaguely defines what constitutes a gravity knife will cause confusion for police officers who must discern whether a knife is a legal gravity knife or something else, and will increase the complexity for district attorneys in prosecuting cases. During the legislative session, reasonable alternatives were proffered to address the concerns raised by the proponents of this legislation. One option presented would have created an affirmative defense for someone currently employed as a craftsperson, tradesperson or other worker, who possesses a gravity knife at work or while commuting to work. Another option would have exempted a person who secured a knife in a closed container being used for transporting tools, while other options sought to further clarify what constitutes a gravity knife by specifying size of the blade or whether it can be readily released. Unfortunately, these options were not accepted, leaving the instant bill as the only version that will be presented to you for your consideration. Once again, we urge you to disapprove this legislation when it reaches your desk and stand with us in keeping dangerous weapons off of the streets of New York City.

 

Sincerely, Bill de Blasio Mayor of the City of New York James O’Neill Commissioner, New York City Police Department