NY · jury_instructions
CJI2d[NY] Penal Law § 220.71
CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE FIRST DEGREE (Prior Conviction)
No charge has been prepared for this offense, which elevates the second degree crime to a felony when the defendant "has previously been convicted within the preceding five years of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this article, or a violation of this section."
The aggravating element must be charged in a special information, and after the commencement of trial the defendant must be arraigned on the special information. If, upon such arraignment, the defendant admits the element, the court must not make any reference to it in the definition of the offense or in listing the elements of the offense. But if the defendant denies the element or remains mute, the court must add the element to the definition of the offense and the list of elements. CPL § 200.60. See People v. Cooper, 78 NY2d 476 (1991).
For the basic charge, see the charge for Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree, Penal Law § 220.70.
History
Caption: CRIMINAL POSSESSION OF METHAMPHETAMINE MANUFACTURING MATERIAL IN THE FIRST DEGREE (Prior Conviction) Penal Law § 220.71 (Committed on or after Oct. 1, 2005). 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
39dc03f6652fd69497c7893be9e9178df9179f289e0a382a46b51eb6b00adcd6
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