dangerous depressant and the dangerous depressant weighs ten [10] ounces or more. a depressant and the depressant weighs two (2) pounds or more. phencyclidine and the phencyclidine weighs fifty (50) milligrams or more. ketamine and said ketamine weighs four thousand [4000] milligrams or more. The following terms used in that definition have a special meaning: [The term DANGEROUS DEPRESSANT (or DEPRESSANT) includes .2] (specify) 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 when that person is (specify) aware that he or she is selling .4 (specify) See Penal Law §§ 220.00(12) (dangerous depressant); 220.00(13) 2 (depressant). See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 3 (2002). Penal Law § 15.05(2). An expanded definition of is “knowingly” 4See available in the General Charges section under Culpable Mental States. 2
dangerous depressant and the dangerous depressant weighs ten [10] ounces or more. a depressant and the depressant weighs two (2) pounds or more. phencyclidine and the phencyclidine weighs fifty (50) milligrams or more. ketamine and said ketamine weighs four thousand [4000] milligrams or more. The following terms used in that definition have a special meaning: [The term DANGEROUS DEPRESSANT (or DEPRESSANT) includes (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 (specify) .4 2 See Penal Law §§ 220.00(12) (dangerous depressant); 220.00(13) (depressant). 3 See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 (2002). 4See Penal Law § 15.05(2). An expanded definition of “knowingly” is available in the General Charges section under Culpable Mental States. 2