CJI2d[NY] Penal Law § 220.39(2)

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

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

Select appropriate alternative:

stimulant

a hallucinogen

a hallucinogenic substance

lysergic acid diethylamide.²

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

[The term STIMULANT (or HALLUCINOGEN) (or

HALLUCINOGENIC SUBSTANCE) includes (specify) .³]

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

[Sell also includes an offer or agreement to sell even if actual delivery does not occur, provided that, at the time of the offer or agreement, the person has the intent and ability to make the sale. An intent is a conscious objective or purpose. Thus, a person acts with intent to sell when that person's conscious objective or purpose is to sell.]⁴

A person KNOWINGLY sells (specify) when that person is aware that he or she is selling a substance which contains (specify).⁵

A person UNLAWFULLY sells (specify) when that person has no legal right to sell it.⁶ Under our law, with certain exceptions not applicable here, a person has no legal right to sell (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, both of the following two elements:

1. That on or about (date) , in the county of (county), the

defendant, (defendant's name) , sold a quantity of (specify); and

2. That the defendant did so knowingly and unlawfully.⁷

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