NY · jury_instructions
CJI2d[NY] Possession, Voluntary
VOLUNTARY POSSESSION
Under our law, possession of (specify) to be criminal must be voluntary.
Possession of a (specify) is voluntary when the possessor was aware of his or her physical possession or control of (specify) for a sufficient period to have been able to terminate the possession.
The People are required to prove beyond a reasonable doubt both that the defendant knowingly possessed the (specify) and that such possession was voluntary.
Note:
The following should be added to the list of elements of the
pertinent offense:
and #. That the possession was voluntary.
History
Caption: VOLUNTARY POSSESSION Penal Law § 15.00(2). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
d4978902140e13e08a2a4f5006e03e882c390ec7b5ee4f9b393f380d07a90ab4
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