(specify).4 A person UNLAWFULLY sells when that person has no (specify) legal right to sell it.5 Under our law, with certain exceptions not applicable here, a person has no legal right to sell . (specify) 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: That on or about , in the county of (date) (county), the defendant, sold ;and (defendant's name), (specify) That the defendant did so knowingly and unlawfully. 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. Penal Law § 15.05(2). An expanded definition of is “knowingly” 4See available in the General Charges section under Culpable Mental States. Penal Law § 220.00(2) and Public Health Law § 3396(1). 5See 2
(specify).4 A person UNLAWFULLY sells (specify) when that person has no legal right to sell it.5 Under our law, with certain exceptions not applicable here, a person has no legal right to sell (specify) . 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: That on or about (date) , in the county of (county), the defendant, (defendant's name), sold (specify) ;and That the defendant did so knowingly and unlawfully. 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. 4See Penal Law § 15.05(2). An expanded definition of “knowingly” is available in the General Charges section under Culpable Mental States. 5See Penal Law § 220.00(2) and Public Health Law § 3396(1). 2
220-39(1).docx