A can of mace is considered a deadly weapon, even though it is not listed in New York’s law defining criminal possession of a weapon, a Criminal Court judge in Manhattan has ruled. But it must be tested as operable at the time of arrest to establish a violation of the law, the judge said.

Judge Arthur M. Schack in People v. Valerie McCullum, 99N102219, filed last week in Criminal Court, New York County, granted Valerie McCullum’s motion to dismiss charges of fourth-degree criminal possession of a weapon, a Class A misdemeanor, and second- and third-degree menacing for facial insufficiency.

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