CJI2d[NY] Penal Law § 265.10(3) (sentence 1)

The (specify) count is Disposition of Weapons and Dangerous Instruments and Appliances.

Under our law, a person is guilty of the Disposition of Weapons and Dangerous Instruments and Appliances when that person knowingly³ disposes of any

Select appropriate alternative(s):

machine-gun,

assault weapon,

large capacity ammunition feeding device or

firearm silencer.

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

Select appropriate definition(s):

[MACHINE-GUN means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.⁴

ASSAULT WEAPON means (specify appropriate portion of the definition in Penal Law § 265.00[22]). The “assault weapon” need not be loaded but it must be operable. To be operable, an “assault weapon” must be capable of discharging ammunition.⁵

LARGE CAPACITY AMMUNITION FEEDING DEVICE a magazine, belt, drum, feed strip, or similar device, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition.⁶

FIREARM SILENCER means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.⁷]

A person KNOWINGLY disposes of a (specify) when that person is aware that he or she is doing so.⁸

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, each of the following two elements:

1. That on or about (date) , in the County of (County) , the defendant, (defendant's name) disposed of any

Select appropriate alternative(s):

machine-gun,

assault weapon,

large capacity ammunition feeding device or

firearm silencer; and

2. That the defendant did so knowingly.

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.