meaning:2 [The term NARCOTIC DRUG includes (specify).3] 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.]4 A person KNOWINGLY sells a substance containing when that person is aware that he or she is selling a (specify) substance which contains .5 (specify) A person UNLAWFULLY sells when that person (specify) has no legal right to sell it.6 Under our law, with certain exceptions not applicable here, a person has no legal right to sell . (specify) AGGREGATE WEIGHT refers to the weight of the substance which contains the irrespective of the (specify), amount of the actually in the substance.7 (specify) Where necessary, include the definition of which means “ounce” “an 2 avoirdupois ounce as applied to solids or semi-solids, and a fluid ounce as applied to Penal Law § 220.00(3). liquids.” See Penal Law § 220.00(7). 3 See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 4 (2002). See Penal Law § 15.05(2); Penal Law § 15.20(4). An expanded definition 5 of is available in the General Charges section under Culpable “knowingly” Mental States. Penal Law § 220.00(2) and Public Health Law § 3396(1). See 6 See People v Mendoza, 81 NY2d 963, 965 (1993). 7
meaning:2 [The term NARCOTIC DRUG includes (specify).3] 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.]4 A person KNOWINGLY sells a substance containing (specify) when that person is aware that he or she is selling a substance which contains (specify) .5 A person UNLAWFULLY sells (specify) when that person has no legal right to sell it.6 Under our law, with certain exceptions not applicable here, a person has no legal right to sell (specify) . AGGREGATE WEIGHT refers to the weight of the substance which contains the (specify), irrespective of the amount of the (specify) actually in the substance.7 2 Where necessary, include the definition of “ounce” which means “an avoirdupois ounce as applied to solids or semi-solids, and a fluid ounce as applied to liquids.” Penal Law § 220.00(3). 3 See Penal Law § 220.00(7). 4 See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 (2002). 5 See Penal Law § 15.05(2); Penal Law § 15.20(4). An expanded definition of “knowingly” is available in the General Charges section under Culpable Mental States. 6 See Penal Law § 220.00(2) and Public Health Law § 3396(1). 7 See People v Mendoza, 81 NY2d 963, 965 (1993).