NY · jury_instructions

CJI2d[NY] Penal Law §§ 220.09(4), 220.09(5), 220.09(6), 220.09(7), 220.09(8), 220.09(9), 220.09(11), 220.09(12), 220.09(14)

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE (Pure Weight Counts)

activein force · 2003-04-04 – presentas-observed

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

Under our law, a person is guilty of Criminal Possession of a Controlled Substance in the Fourth Degree when that person knowingly and unlawfully possesses:

Select the appropriate alternative:

a stimulant and said stimulant weighs one [1] gram or more.

lysergic acid diethylamide and said lysergic acid diethylamide weighs one [1] milligram or more.

a hallucinogen and said hallucinogen weighs twenty-five [25] milligrams or more.

a hallucinogenic substance and said hallucinogenic substance weighs one [1] gram or more.

a dangerous depressant and such dangerous depressant weighs ten [10] ounces or more.

a depressant and such depressant weighs two [2] pounds or more.

phencyclidine and said phencyclidine weighs two hundred fifty [250] milligrams or more.

methadone and said methadone weighs three hundred sixty [360] milligrams or more.

ketamine and said ketamine weighs four thousand [4000] milligrams or more.

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

[The term STIMULANT (or HALLUCINOGEN) (or HALLUCINOGENIC SUBSTANCE (or DANGEROUS DEPRESSANT) (or DEPRESSANT) includes (specify) .²]

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property. ³

A person KNOWINGLY possesses (specify) when that person is aware that he or she is in possession of (specify) .4

A person UNLAWFULLY possesses (specify) when that person has no legal right to possess it.⁵ Under our law, with certain exceptions not applicable here, a person has no legal right to possess (specify) .

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 three elements:

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

2. That the defendant did so knowingly and unlawfully; and

3. That the (specify) weighed (specify) or more.

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

History

Caption: CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE (Pure Weight Counts) Penal Law § 220.09(4) (One [1] Gram or More of a Stimulant) (Committed on or after June 10, 1995) Penal Law § 220.09(5) (One [1] Milligram or More of Lysergic Acid Diethylamide) (Committed on or after June 10, 1995) Penal Law § 220.09(6) (Twenty-Five [25] Milligrams or More of a Hallucinogen) (Committed on or after June 10, 1995) Penal Law § 220.09(7) (One [1] Gram or More of a Hallucinogenic Substance) (Committed on or after June 10, 1995) Penal Law § 220.09(8) (Ten [10] Ounces or More of a Dangerous Depressant) (Committed on or after June 10, 1995) Penal Law § 220.09(9) (Two [2] Pounds or More of a Depressant) (Committed on or after June 10, 1995) Penal Law § 220.09(11) (Two Hundred Fifty [250] Milligrams or More of Phencyclidine) (Committed on or after June 10, 1995) Penal Law § 220.09(12) (Three Hundred Sixty [360] Milligrams or More of Methadone) (Committed on or after June 10, 1995) PENAL LAW 220.09(14) (Four thousand [4000] Milligrams or More of Ketamine) (Committed on or after January 22, 1998) (Revised April 4, 2003). 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: 92ed9d74409f01c8787c69825b2943f60e43cd86dae2eadf93f7010713e513c1

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