NY · jury_instructions
CJI2d[NY] Penal Law § 220.65(1)
CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE . . . BY A PRACTITIONER . . .
The (specify) count is Criminal Sale of a Prescription for a Controlled Substance by a Practitioner.
Under our law, a person is guilty of Criminal Sale of a Prescription for a Controlled Substance by a Practitioner when, being a practitioner,² that person knowingly and unlawfully sells a prescription for a controlled substance.
The following terms used in that definition have a special meaning:
The term PRACTITIONER includes (specify definition set forth in Public Health Law 3302).
The term CONTROLLED SUBSTANCE includes (specify) .³
SELL means to sell, exchange, give or dispose of to another.
[Note: Add if appropriate: 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 Practitioner KNOWINGLY sells a prescription for a controlled substance when the Practitioner is aware that he or she is selling such a prescription.⁵
A Practitioner UNLAWFULLY sells a prescription for a controlled substance when the Practitioner does so other than in good faith in the course of his or her professional practice.⁶ A practitioner acts in good faith when THE PRACTIONER sells a prescription for a genuine medical purpose in the course of THE PRACTIONER’S professional practice.⁷
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), being a practitioner, sold a prescription for (specify); and
2. That the defendant did so knowingly and unlawfully.
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.
History
Caption: CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE . . . BY A PRACTITIONER . . . Penal Law § 220.65(1) (Committed on or after Nov. 1, 1986) (Revised April 2003 & Dec 2023). 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
a466b80a9df3cf35a037a8bfda61b4e97842cc684d336904fd400d72c69e1446
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