Which term refers to any instrument (including a gun) that may cause serious physical injury or death?

• A. Default
• B. De novo
• C. DCJS
• D. Deadly weapon

Answer: (D)

The main concept here is understanding what counts as a deadly weapon in New York law. A deadly weapon is defined as any instrument, article, or substance that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or serious physical injury. The important point is not the object’s ordinary purpose, but its potential to cause grave harm given how it’s used. Guns are clear examples, but the classification can apply to other items if they could cause death or serious harm in the situation.

So the best term is the one that matches this definition: a deadly weapon. The other terms refer to unrelated concepts—default means failing to respond or appear in court, de novo refers to a new trial on appeal, and DCJS stands for the Division of Criminal Justice Services.