CJI2d[NY] Penal Law §§ 220.16(3), 220.16(4), 220.16(5), 220.16(6)

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

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

Select the appropriate alternative:

a stimulant with the intent to sell it and the stimulant weighs one [1] gram or more.

lysergic acid diethylamide with the intent to sell it and the lysergic acid diethylamide weighs one [1] milligram or more.

a hallucinogen with the intent to sell it and the hallucinogen

weights twenty-five [25] milligrams or more.

a hallucinogenic substance with the intent to sell it and the hallucinogenic substance weighs one [1] gram or more.

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

[The term STIMULANT (or HALLUCINOGEN) (or HALLUCINOGENIC SUBSTANCE) includes (specify) .¹]

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 it.⁴ Under our law, with certain exceptions not applicable here, a person has no legal right to possess (specify) .

SELL means to sell, exchange, give or dispose of to another.⁵

INTENT means conscious objective or purpose. Thus, a person possesses (specify) with intent to sell it when his or her conscious objective or purpose is to sell the (specify) .6

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 four 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;

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

4. That the defendant possessed the (specify) with the intent to sell it.

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.