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) A person UNLAWFULLY sells when that person (specify) 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, each of the following three elements: That on or about , in the county of , (date) (county) the defendant, , sold ; (defendant's name) (specify) That the defendant did so knowingly and unlawfully; and That the weighed or more. (specify) (specify) If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 3 (2002). See Penal Law § 15.05(2). An expanded definition of is “knowingly” 4 available in the General Charges section under Culpable Mental States. See Penal Law § 220.00(2) and Public Health Law § 3396(1). 5
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 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, each of the following three elements: That on or about (date) , in the county of (county) , the defendant, (defendant's name) , sold (specify) ; That the defendant did so knowingly and unlawfully; and That the (specify) weighed (specify) or more. If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. 3 See Penal Law § 220.00(1); People v. Samuels, 90 N.Y.2d 20 (2002). 4 See Penal Law § 15.05(2). An expanded definition of “knowingly” is available in the General Charges section under Culpable Mental States. 5 See Penal Law § 220.00(2) and Public Health Law § 3396(1).
220-39(3)(4)(5)(6)(8).docx