The People of the State of New York v. Harvey Alexander, Jr.
Attorneys and Parties
Brief Summary
Criminal law—application of New York Penal Law § 265.01-a [criminal possession of a weapon on school grounds; prohibits knowingly possessing a firearm in or upon a building or grounds used for educational purposes of any school, college, or university] to a teaching hospital and proof of the statute’s knowledge element.
After denying a trial order of dismissal, the trial court allowed the jury to convict defendant of second-degree criminal possession of a weapon and criminal possession of a weapon on school grounds based on possession of a firearm at Strong Memorial Hospital.
The conviction for criminal possession of a weapon on school grounds (count 2) was reversed and that count dismissed.
Although a teaching hospital affiliated with a university qualifies as a building used for educational purposes under § 265.01-a, the People failed to present legally sufficient evidence that defendant knew the hospital was used for educational purposes; photos of signs were insufficient absent proof defendant saw them.
Background
Defendant was found with a firearm at Strong Memorial Hospital, which the University of Rochester uses as a teaching hospital; the university’s School of Dentistry and School of Nursing are located within the hospital. The People introduced two photographs of hospital signs referencing the university but offered no evidence that defendant actually observed them.
Lower Court Decision
Supreme Court, Monroe County (Thomas E. Moran, J.) denied defendant’s motion for a trial order of dismissal and a jury convicted him of second-degree criminal possession of a weapon and criminal possession of a weapon on school grounds. Judgment was entered on April 29, 2022.
Appellate Division Reversal
The Appellate Division held that Strong Memorial Hospital is a building used for educational purposes within the meaning of Penal Law § 265.01-a, but found the evidence legally insufficient on the knowledge element. It modified the judgment by reversing the conviction under count 2 and dismissing that count, affirmed the remaining conviction, declined to remit for resentencing, and found the remaining sentence not unduly harsh or severe.
Legal Significance
Clarifies that facilities such as university-affiliated teaching hospitals fall within the scope of Penal Law § 265.01-a, while reaffirming that the statute requires proof beyond a reasonable doubt that the defendant knew the building was used for educational purposes. Mere existence of educational signage, without evidence the defendant saw it, is insufficient to establish knowledge.
Teaching hospitals can qualify as school grounds under § 265.01-a, but prosecutors must prove the defendant’s actual knowledge of the site’s educational use; signage alone does not suffice without evidence of the defendant’s awareness.