to exercise dominion or control over tangible property.3 A person KNOWINGLY possesses a substance containing when that person is aware that he or she is (specify) in possession of a substance containing (specify).4 A person UNLAWFULLY possesses when that (specify) person has no legal right to possess it.5 Under our law, with certain exceptions not applicable here, a person has no legal right to possess . (specify) AGGREGATE WEIGHT refers to the weight of the substance which contains the irrespective of the (specify), amount of the actually in the substance.6 (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, , possessed one or (defendant's name) more preparations, compounds, mixtures or substances containing ; (specify) That the defendant did so knowingly and unlawfully; and See Penal Law § 10.00(8). Where constructive possession is alleged, or 4 where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. An expanded Penal Law § 15.05(2); Penal Law § 15.20(4). 5See definition of is available in the General Charges section “knowingly” under Culpable Mental States. Penal Law § 220.00(2) and Public Health Law § 3396(1). 6See People v Mendoza, 81 NY2d 963, 965 (1993). 7See 3
to exercise dominion or control over tangible property.3 A person KNOWINGLY possesses a substance containing (specify) when that person is aware that he or she is in possession of a substance containing (specify).4 A person UNLAWFULLY possesses (specify) when that person has no legal right to possess it.5 Under our law, with certain exceptions not applicable here, a person has no legal right to possess (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.6 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) , possessed one or more preparations, compounds, mixtures or substances containing (specify) ; That the defendant did so knowingly and unlawfully; and 4 See Penal Law § 10.00(8). Where constructive possession is alleged, or where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. 5See 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. 6See Penal Law § 220.00(2) and Public Health Law § 3396(1). 7See People v Mendoza, 81 NY2d 963, 965 (1993). 3
220-09(1)(2)(3)(10)(15).docx