Cracco v. The City of New York et al

Filing 101

OPINION & ORDER: On March 27, 2019, the Court held that the New York state gravity knife statute, codified at N.Y. Penal Law §§ 265.01(1) and 265.00(5), was unconstitutionally vague and granted summary judgment for Plaintiff Joseph Cra cco. (See ECF 91.) Defendant Cyrus R. Vance, Jr. appealed. While the appeal was pending, the New York state legislature passed, and Governor Andrew M. Cuomo signed into law, Assembly Bill 5944, which repeals N.Y. Penal Law § 265.01(1) and its prohibition on gravity knives. See Governor Cuomo Signs Legislation Ending The Legal Ban On Gravity Knives, Governor's Press Office (May 30, 2019), https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-ending-legal-ban-gravitykniv es. Based on this statutory development, the Second Circuit vacated this Court's summary judgment order and remanded with instructions to dismiss the complaint. Joseph Cracco v. Cyrus R. Vance, Jr., et al., No. 19-1129-cv (2d Cir. Nov. 25, 2020). Pursuant to the Second Circuit's instructions, the Court now dismisses Cracco's complaint as moot and directs the Clerk of the Court to terminate the case. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/30/2020) (ks)

Case 1:14-cv-08235-PAC Document 101 Filed 11/30/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOSEPH CRACCO,
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Plaintiff,
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:
-against:
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CYRUS R. VANCE, JR., in his official
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capacity as District Attorney for the County of :
New York,
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Defendant.
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14 Civ. 8235 (PAC)
OPINION & ORDER

HONORABLE PAUL A. CROTTY, United States District Judge:
On March 27, 2019, the Court held that the New York state gravity knife statute, codified
at N.Y. Penal Law §§ 265.01(1) and 265.00(5), was unconstitutionally vague and granted
summary judgment for Plaintiff Joseph Cracco. (See ECF 91.) Defendant Cyrus R. Vance, Jr.
appealed.
While the appeal was pending, the New York state legislature passed, and Governor
Andrew M. Cuomo signed into law, Assembly Bill 5944, which repeals N.Y. Penal Law §
265.01(1) and its prohibition on gravity knives. See Governor Cuomo Signs Legislation Ending
The Legal Ban On Gravity Knives, Governor’s Press Office (May 30, 2019),
https://www.governor.ny.gov/news/governor-cuomo-signs-legislation-ending-legal-ban-gravityknives. Based on this statutory development, the Second Circuit vacated this Court’s summary
judgment order and remanded with instructions to dismiss the complaint. Joseph Cracco v.
Cyrus R. Vance, Jr., et al., No. 19-1129-cv (2d Cir. Nov. 25, 2020). Pursuant to the Second

Case 1:14-cv-08235-PAC Document 101 Filed 11/30/20 Page 2 of 2

Circuit’s instructions, the Court now dismisses Cracco’s complaint as moot and directs the Clerk
of the Court to terminate the case.
Dated: New York, New York
November 30, 2020

SO ORDERED
________________________
PAUL A. CROTTY
United States District Judge

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