CJI2d[NY] Penal Law § 220.03

The (specify) count is Criminal Possession of a Controlled Substance in the Seventh Degree.

Under our law, a person is guilty of Criminal Possession of a Controlled Substance in the Seventh Degree when that person knowingly and unlawfully possesses a controlled substance.

The following terms used in that definition have a special meaning:

The term CONTROLLED SUBSTANCE includes (specify).

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.²

A person KNOWINGLY possesses (specify) when that person is aware that he or she is in possession of (specify).³

A person UNLAWFULLY possesses (specify) when that person has no legal right to possess that substance. Under our law, with certain exceptions not applicable here, a person has no legal right to possess (specify).⁴

Add as may be required by law: ⁵

[It shall not be a violation of this law when a person possesses a residual amount of a controlled substance in or on a hypodermic syringe or hypodermic.]

[It shall not be a violation of this law when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency.⁶

The terms, “health care” and “drug or alcohol overdose” are defined to mean the following:

HEALTH CARE means the professional services provided to a person experiencing a drug or alcohol overdose by a health care professional licensed, registered or certified by law ⁷ who, acting within his or her lawful scope of practice, may provide diagnosis, treatment or emergency services for a person experiencing a drug or alcohol overdose.

DRUG OR ALCOHOL OVERDOSE means an acute condition including, but not limited to, physical illness, coma, mania, hysteria or death, which is the result of consumption or use of a controlled substance or alcohol and relates to an adverse reaction to or the quantity of the controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined; provided that a patient's condition shall be deemed to be a drug or alcohol overdose if a prudent layperson, possessing an average knowledge of medicine and health, could reasonably believe that the condition is in fact a drug or alcohol overdose and (except as to death) requires health care.⁸]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following (specify number) elements:

1. That on or about (date), in the county of (county), the defendant, (defendant's name), possessed (specify); and

2. That the defendant did so knowingly and unlawfully

Add as may be required by law (see footnote 5):

[;and

[3. That such (specify) was not a residual amount of a controlled substance in or on a hypodermic syringe or hypodermic needle [; and]

[4. That such (specify) was not discovered as a result of seeking immediate health care for either another person or him or herself because such person was experiencing a drug or alcohol overdose or other life threatening medical emergency.]

If you find the People have proven beyond a reasonable doubt [both / each] of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt [either one / any one or more] of those elements, you must find the defendant not guilty of this crime.