NY · jury_instructions
CJI2d[NY] Penal Law § 265.02(1)
CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE (Possession of Weapon; Previous Conviction)
No charge has been prepared for this offense, which elevates the crime of fourth degree weapon possession under Penal Law §§ 265.01(1), (2), (3), or (5) to a felony when the defendant "has previously been convicted of any crime."
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 a Weapon in the Fourth Degree under Penal Law §§ 265.01(1), (2), (3), or (5).
History
Caption: CRIMINAL POSSESSION OF A WEAPON IN THE THIRD DEGREE (Possession of Weapon; Previous Conviction) Penal Law § 265.02(1) (Committed on or after Sept. 1, 1974). 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
971b2fb28c6793bad7451da0c7239fda1a786559e74bf2f167f64911f3982286
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