CJI2d[NY] Penal Law § 220.77(1)

The (specify) count is Operating as a Major Trafficker.

A person is guilty of Operating as a Major Trafficker when he or she acts as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more.

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

A CONTROLLED SUBSTANCE includes (specify).¹

CONTROLLED SUBSTANCE ORGANIZATION means four or more persons sharing a common purpose to engage in conduct that constitutes or advances the commission of (specify).²

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.] ³

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

A person UNLAWFULLY sells (specify) when that person has no legal right to sell that substance. Under our law, with certain exceptions not applicable here, a person has no legal right to sell (specify).]⁴

DIRECTOR means a person who is the principal administrator, organizer, or leader of a controlled substance organization or one of several principal administrators, organizers, or leaders of a controlled substance organization.⁵

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 from (specify time period),defendant, (defendant’s name), in the county of (county),⁶ acted as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sold one or more controlled substances; and

2. That the proceeds collected or due from such sale or sales had a total aggregate value of seventy-five thousand dollars or more.

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.