CJI2d[NY] Penal Law § 220.73

The (specify) count is Unlawful Manufacture of Methamphetamine in the Third Degree.

Under our law, a person is guilty of Unlawful Manufacture of Methamphetamine in the Third Degree when he or she possesses at the same time and location:

Select appropriate alternative(s):

two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination;

one item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination;

a precursor mixed together with a chemical reagent or solvent;

a precursor with two or more chemical reagents and/or solvents mixed together;

with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine.

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

POSSESS means to have physical possession or otherwise

to exercise dominion or control over tangible property.¹

LABORATORY EQUIPMENT means any items, components or materials that can be used in the manufacture, preparation or production of methamphetamine. ²

PRECURSOR means ephedrine, pseudoephedrine, or any salt, isomer or salt of an isomer of such substances.³

CHEMICAL REAGENT means a chemical reagent that can be used in the manufacture, production or preparation of methamphetamine.⁴

SOLVENT means a solvent that can be used in the manufacture, production or preparation of methamphetamine.⁵

INTENT means conscious objective or purpose. Thus, a person possesses a product with intent to use it to unlawfully manufacture, prepare or produce methamphetamine when his or her conscious objective or purpose is to do so.⁶

A person UNLAWFULLY manufactures, produces or prepares methamphetamine when that person has no legal right to produce or manufacture it.⁷ Under our law, with certain exceptions not applicable here, a person has no legal right to produce or manufacture methamphetamine.

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) , possessed at the same time and location:

Select appropriate alternative(s):

two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination.

one item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination.

a precursor mixed together with a chemical reagent or solvent.

a precursor with two or more chemical reagents and/or solvents mixed together.

and

2. That the defendant did so with the intent to use, or knowing another intended to use, each such product to unlawfully manufacture, prepare or produce methamphetamine.

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.