penal law3
問題一覧
1
- COMMITS A CLASS C VIOLENT FELONY OFFENSE AND EITHER:
1. POSSESSES A DEADLY WEAPON IF IT'S A LOADED WEAPON, etc., OR
2. DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN, OR
OTHER FIREARM.
265.08 CRIMINAL USE OF FIREARM 2ND DEGREE - C FELONY
2
- SAME AS 2ND DEG., EXCEPT DEFENDANT IS COMMITTING A CLASS B VIOLENT FELONY OFFENSE. NOTE: BE SURE TO LOOK AT 70.02 P.L. FOR VIOLENT FELONY OFFENSES.
THERE ARE NO CLASS "A" VIOLENT FELONIES, ONLY "B," "C," "D," OR "E."
2nd degree - COMMITS A CLASS C VIOLENT FELONY OFFENSE AND EITHER:
1. POSSESSES A DEADLY WEAPON IF IT'S A LOADED WEAPON, etc., OR
2. DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN, OR
OTHER FIREARM.
265.09 CRIMINAL USE OF FIREARM 1ST DEGREE - B FELONY
3
1. A PERSON NOT AUTHORIZED TO POSSESS A FIREARM SELLS, GIVES, ETC. A FIREARM
OR
2. A PERSON NOT AUTHORIZED TO POSSESS A FIREARM POSSESSES ONE WITH INTENT TO SELL. NOTE: POSSESS 5 OR MORE FIREARMS = INTENT TO SELL.
265.11 CRIMINAL SALE OF A FIREARM 3RD DEGREE - D FELONY
4
- UNLAWFULLY SELLING, etc., 5 OR MORE FIREARMS TO A PERSON.
- UNLAWFULLY SELLING, etc., 5 OR MORE IN A PERIOD OF NOT MORE THAN A YEAR.
265.12 CRIMINAL SALE OF A FIREARM 2ND DEGREE - C FELONY
5
- UNLAWFULLY SELLING, etc., 10 OR MORE FIREARMS TO A PERSON.
- UNLAWFULLY SELLING, etc., 10 OR MORE IN A PERIOD OF NOT MORE THAN A YEAR.
265.13 CRIMINAL SALE OF A FIREARM 1ST DEGREE - B FELONY
6
WHEN SOMEONE LESS THAN 16 SELLS, etc., A FIREARM UNLAWFULLY TO ANOTHER WHEN SOLICITED OR AIDED, etc., BY SOMEONE 18 OR MORE, THE PERSON 18 OR MORE COMMITS A CLASS C FELONY.
265.14 CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR - C FELONY
7
WHEN SOMEONE IS NOT AUTHORIZED PURSUANT TO LAW TO POSSESS A FIREARM AND
HE UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO ANOTHER PERSON WHO IS OR REASONABLY APPEARS TO BE LESS THAN NINETEEN YEARS OF AGE WHO IS NOT LICENSED PURSUANT TO LAW TO POSSESS A FIREARM.
265.16 CRIMINAL SALE OF A FIREARM TO A MINOR – C FELONY
8
PROHIBITED SALES, PURCHASES AND DISPOSITIONS (IE. LENDING, GIVING, ETC.) OF FIREARMS, RIFLES OR SHOTGUNS TO A PERSON NOT AUTHORIZED TO POSSESS IT.
265.17 CRIMINAL PURCHASE OR DISPOSAL OF A WEAPON - D FELONY
9
COMMISSION OF VIOLENT FELONY OFFENSES (70.02) OR A DRUG TRAFFICKING FELONY
WHEN ALSO IN VIOLATION OF CPW 2ND (265.03 SUBD. 3)- Such person
shall not, except as provided in 265.02, Subd. 1 or Subd. 7, (see "Note Well re: Above") constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON - C FELONY
10
image?
265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICE
11
THIS SECTION COVERS SAFE STORAGE OF RIFLES, SHOTGUNS AND FIREARMS WHERE PERSONS WHO ARE PROHIBITED FROM POSSESSING THESE WEAPONS RESIDE.
265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS - “A” MISDEMEANOR
12
PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
265.65 CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE – A MISDEMEANOR / E FELONY
13
KNOWING OR HAVING REASON TO KNOW IT IS A SEMIAUTOMATIC RIFLE SELLS, EXCHANGES, GIVES OR DISPOSES OF A SEMIAUTOMATIC RIFLE TO ANOTHER PERSON AND SUCH OTHER PERSON DOES NOT POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
265.66 CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE – E FELONY
14
image
exemption report
15
:
MACHINE GUN FOUND IN ANY ROOM, STRUCTURE, DWELLING, OR VEHICLE PRESUMED POSSESSED BY ALL WHO ARE THERE. NO EXCEPTIONS
STOLEN VEHICLE CONTAINING ANY OF THE WEAPONS IN ARTICLE 265 PRESUMED POSSESSED BY EVERYBODY IN VEHICLE. THERE ARE NO EXCEPTIONS.
NON-STOLEN AUTOMOBILE (not including public omnibus) CONTAINING CERTAIN WEAPONS (FIREARM, DEFACED FIREARM, SILENCER, EXPLOSIVE/INCENDIARY BOMB, BOMBSHELL, SWITCHBLADE/GRAVITY KNIFE, DAGGER, DIRK, STILETTO, BILLY, LARGE CAPACITY AMMO FEEDING DEVICE, BLACKJACK, METAL KNUCKLES, CHUKA STICK, SANDBAG, SANDCLUB, SLUNGSHOT) PRESUMED POSSESSED BY EVERYBODY IN VEHICLE,
BUT THERE ARE 3 EXCEPTIONS. EXCEPTIONS RE: NON-STOLEN AUTO:
1. Found on person of one of occupants. (Doesn't say "concealed.")
2. Driver in lawful pursuit of trade.
3. Occupant in car voluntarily has valid license to carry pistol/revolver.
Compare the PRESUMPTIONS OF POSSESSION re: WEAPONS in Article 265 with the PRESUMPTIONS OF POSSESSION re: CONTROLLED SUBSTANCES in Article 220.
These are the PRESUMPTIONS OF POSSESSION that appear in 220.25:
1. Any CONTROLLED SUBSTANCE (all-inclusive) found in an automobile (except public omnibus) is presumptive evidence of knowing possession by everyone in the automobile at the time it's found.
BUT -- presumption does NOT apply:
EVEN IF STOLEN, {
THESE {
EXCEPTIONS {
APPLY
to hired driver in lawful pursuit of his trade (ie. cab driver) OR
to anybody if the drug is lawfully possessed by one of the occupants, it is still in original container, and he/she is not present under duress,
OR
to anybody if the drug is found concealed on the PERSON of
one of the occupants.
A NARCOTIC DRUG, NARCOTIC PREPARATION, MARIHUANA, or PHENCYCLIDINE
in a room (other than a public place), under circumstances evincing an INTENT to unlawfully mix, etc., is PRESUMPTIVE EVIDENCE OF KNOWING POSSESSION by each
in open view
person who
BUT -- the presumption does NOT apply:
a) if one of the persons lawfully possesses the drug, it's in its
original container, and he/she is not present under duress, OR
b) if one of the persons has the drug upon his/her person.
NOTE: In Article 265 there is a DISTINCTION between a STOLEN VEHICLE and a NON-STOLEN AUTOMOBILE. This distinction does NOT appear in Article 220.
NOTE FURTHER: There is NO PRESUMPTION OF POSSESSION re: marihuana found in a vehicle.
is in CLOSE PROXIMITY (subjective) to the drug when it is found.
265.15 PRESUMPTION OF POSSESSION
16
image
hate
17
1. A PERSON IS GUILTY OF MAKING A TERRORISTIC THREAT WHEN WITH INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION, INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COERCION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER, ASSASSINATION OR KIDNAPPING, HE OR SHE THREATENS TO COMMIT OR CAUSE TO BE COMMITTED A SPECIFIED OFFENSE AND THEREBY CAUSES A REASONABLE EXPECTATION OF FEAR OF THE IMMINENT COMMISSION OF SUCH OFFENSE.
2. IT SHALL BE NO DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING THE SPECIFIED OFFENSE OR THAT THE THREAT WAS NOT MADE TO A PERSON WHO WAS A SUBJECT THEREOF.
490.20 MAKING A TERRORISTIC THREAT - D FELONY
18
ARTICLE 220 -
The so called Rockefeller Drug Laws were substantially amended in 2009 wherein
many instances in which a defendant who previously faced substantial criminal liability now has the option of "judicial diversion" (essentially re-hab)
available to him. In practice this will have an adverse impact on law enforcement efforts throughout the state. Luckily the examiners generally do not concern themselves with sentencing provisions in Part II of the Penal Law (which is what the 2009 amendments primarily addressed). New substantive offenses were added and the issue continues to draw substantial political and media attention. It is worthy of consideration.
The seriousness of a controlled substance offense is generally determined by such factors as:
1) Whether the substance was sold or possessed
2) The type of substance
3) The weight or quantity
4) Does the sale occur on "school grounds"
5) Does the sale occur with the involvement of a minor 6) Is the defendant in the business of trafficking
7) Prior Article 220 convictions
Generally sales are more serious than mere possession of the same substance.
A "controlled substance" is any substance listed in schedules I thru V of N.Y.S. Public Health Law 3306 other than marihuana/cannabis.
Concentrated cannabis (commonly known as hashish) IS NOT a controlled substance.
Controlled substance is an "umbrella term" which encompasses many types of drugs. Watch this work:
Cocaine and heroin are types of narcotic drugs. A narcotic drug is a type of controlled substance. Generally (with one exception, as outlined later), if you nail someone with cocaine, you will ascertain its weight and open to Article 220 and look up narcotic drug weights to determine the new appropriate offense to charge.
The same concept holds true throughout Article 220 (e.g.: heroin is a kind of narcotic drug, a narcotic drug is a kind of controlled substance. If you nail a guy possession 9 ounces of heroin he is chargeable with C.P.C.S. 1st Degree under the subdivision = POSSESS 8 oz. or more of a narcotic drug.)
Pay attention to the following controlled substance types:
NARCOTIC DRUG (cocaine and heroin are kinds of narcotic drugs)
COCAINE is named specifically only in C.P.C.S. 5th Degree re: 500 mg. or more of PURE weight.
HEROIN is not named in the Penal Law but it is a kind of narcotic drug. PHENCYCLIDINE is commonly known as PCP or ANGEL DUST.
CONCENTRATED CANNABIS, commonly known as HASHISH, IS NOT a controlled substance.
(neither is cannabis/marihuana).
KETAMINE is an animal tranquilizer. It is commonly known as SPECIAL K.
GHB (gamma hydroxybutric acid) is a common date rape drug.
METHAMPHETAMINE is known as CRYSTAL METH and is the subject of recent extensive legislation and public attention.
LSD (lysergic acid disthylamide) is known as ACID.
METHADONE is a drug often provided by government to heroin addicts to assist them in weaning off their addiction.
The statute requires that some controlled substances be measured by "aggregate weight" while others be measured by "pure weight."
AGGREGATE WEIGHT is the total weight of the drug itself and any other substances
mixed with it.
PURE WEIGHT is the weight or amount of the controlled substance itself. This is generally only determined through lab analysis.
It is enough for the defendant to knowingly and unlawfully possess or sell a particular controlled substance. "Knowingly" does not generally apply to the amount of the substance. If you know you possess the substance and its unlawful you are on the hook for its weight. The people need not prove the defendant knew the actual amount of the controlled substance.
-- MOST Article 220 offenses are framed as 2 oz. OR MORE, 250 mg. OR MORE, etc., whereas cannabis offenses are framed as MORE THAN 3 oz., MORE THAN 16 oz. Big difference between the two.
When it comes to controlled substances the rule "OR MORE" is NOT 100%. There are a few exceptions.
All possession offenses require knowing and unlawful possession. The following breakdown is not all-inclusive. It focuses on the substances which are most exam/job related.
CONTROLLED SUBSTANCES
19
sa2ber
mandatory release if less than
20
sa2ber
civilian mandatory release if less than
21
dr wisdom
appearance ticket unless
22
Dr barks
prevent terminate po civilian
23
Mr Mrs
arrest civilians
24
charms dials sacts
family court offenses
25
bike abike dike adike paid
burglary
26
freds + ammo
criminal trespass 1st
27
gems
arson 1st degree
28
Dr barks bake
defense of justification
29
aids
Robert 1st degree
30
maid
robbery 2nd degree
31
Dr pots
forgery 2nd degree
32
" states that a person may NOT use physical force to resist an arrest, WHETHER AUTHORIZED or UNAUTHORIZED, which is being effected or attempted by a police officer, when it would reasonably appear that the latter is a police officer.
NO SOCK law
33
space ships
no warrant needed for search
34
mark aw abrams
jo
35
ji mred
defenses
36
freds
criminal trespass 1st
37
cc grapes ram
grand larceny 4th
38
gems
arson 1st
39
dr pots
forgery 2nd
40
parol rash
mandatory license revocation
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問題一覧
1
- COMMITS A CLASS C VIOLENT FELONY OFFENSE AND EITHER:
1. POSSESSES A DEADLY WEAPON IF IT'S A LOADED WEAPON, etc., OR
2. DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN, OR
OTHER FIREARM.
265.08 CRIMINAL USE OF FIREARM 2ND DEGREE - C FELONY
2
- SAME AS 2ND DEG., EXCEPT DEFENDANT IS COMMITTING A CLASS B VIOLENT FELONY OFFENSE. NOTE: BE SURE TO LOOK AT 70.02 P.L. FOR VIOLENT FELONY OFFENSES.
THERE ARE NO CLASS "A" VIOLENT FELONIES, ONLY "B," "C," "D," OR "E."
2nd degree - COMMITS A CLASS C VIOLENT FELONY OFFENSE AND EITHER:
1. POSSESSES A DEADLY WEAPON IF IT'S A LOADED WEAPON, etc., OR
2. DISPLAYS WHAT APPEARS TO BE A PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN, OR
OTHER FIREARM.
265.09 CRIMINAL USE OF FIREARM 1ST DEGREE - B FELONY
3
1. A PERSON NOT AUTHORIZED TO POSSESS A FIREARM SELLS, GIVES, ETC. A FIREARM
OR
2. A PERSON NOT AUTHORIZED TO POSSESS A FIREARM POSSESSES ONE WITH INTENT TO SELL. NOTE: POSSESS 5 OR MORE FIREARMS = INTENT TO SELL.
265.11 CRIMINAL SALE OF A FIREARM 3RD DEGREE - D FELONY
4
- UNLAWFULLY SELLING, etc., 5 OR MORE FIREARMS TO A PERSON.
- UNLAWFULLY SELLING, etc., 5 OR MORE IN A PERIOD OF NOT MORE THAN A YEAR.
265.12 CRIMINAL SALE OF A FIREARM 2ND DEGREE - C FELONY
5
- UNLAWFULLY SELLING, etc., 10 OR MORE FIREARMS TO A PERSON.
- UNLAWFULLY SELLING, etc., 10 OR MORE IN A PERIOD OF NOT MORE THAN A YEAR.
265.13 CRIMINAL SALE OF A FIREARM 1ST DEGREE - B FELONY
6
WHEN SOMEONE LESS THAN 16 SELLS, etc., A FIREARM UNLAWFULLY TO ANOTHER WHEN SOLICITED OR AIDED, etc., BY SOMEONE 18 OR MORE, THE PERSON 18 OR MORE COMMITS A CLASS C FELONY.
265.14 CRIMINAL SALE OF A FIREARM WITH THE AID OF A MINOR - C FELONY
7
WHEN SOMEONE IS NOT AUTHORIZED PURSUANT TO LAW TO POSSESS A FIREARM AND
HE UNLAWFULLY SELLS, EXCHANGES, GIVES OR DISPOSES OF A FIREARM TO ANOTHER PERSON WHO IS OR REASONABLY APPEARS TO BE LESS THAN NINETEEN YEARS OF AGE WHO IS NOT LICENSED PURSUANT TO LAW TO POSSESS A FIREARM.
265.16 CRIMINAL SALE OF A FIREARM TO A MINOR – C FELONY
8
PROHIBITED SALES, PURCHASES AND DISPOSITIONS (IE. LENDING, GIVING, ETC.) OF FIREARMS, RIFLES OR SHOTGUNS TO A PERSON NOT AUTHORIZED TO POSSESS IT.
265.17 CRIMINAL PURCHASE OR DISPOSAL OF A WEAPON - D FELONY
9
COMMISSION OF VIOLENT FELONY OFFENSES (70.02) OR A DRUG TRAFFICKING FELONY
WHEN ALSO IN VIOLATION OF CPW 2ND (265.03 SUBD. 3)- Such person
shall not, except as provided in 265.02, Subd. 1 or Subd. 7, (see "Note Well re: Above") constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
265.19 AGGRAVATED CRIMINAL POSSESSION OF A WEAPON - C FELONY
10
image?
265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICE
11
THIS SECTION COVERS SAFE STORAGE OF RIFLES, SHOTGUNS AND FIREARMS WHERE PERSONS WHO ARE PROHIBITED FROM POSSESSING THESE WEAPONS RESIDE.
265.45 SAFE STORAGE OF RIFLES, SHOTGUNS, AND FIREARMS - “A” MISDEMEANOR
12
PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
265.65 CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE – A MISDEMEANOR / E FELONY
13
KNOWING OR HAVING REASON TO KNOW IT IS A SEMIAUTOMATIC RIFLE SELLS, EXCHANGES, GIVES OR DISPOSES OF A SEMIAUTOMATIC RIFLE TO ANOTHER PERSON AND SUCH OTHER PERSON DOES NOT POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF A SEMIAUTOMATIC RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
265.66 CRIMINAL SALE OF A SEMIAUTOMATIC RIFLE – E FELONY
14
image
exemption report
15
:
MACHINE GUN FOUND IN ANY ROOM, STRUCTURE, DWELLING, OR VEHICLE PRESUMED POSSESSED BY ALL WHO ARE THERE. NO EXCEPTIONS
STOLEN VEHICLE CONTAINING ANY OF THE WEAPONS IN ARTICLE 265 PRESUMED POSSESSED BY EVERYBODY IN VEHICLE. THERE ARE NO EXCEPTIONS.
NON-STOLEN AUTOMOBILE (not including public omnibus) CONTAINING CERTAIN WEAPONS (FIREARM, DEFACED FIREARM, SILENCER, EXPLOSIVE/INCENDIARY BOMB, BOMBSHELL, SWITCHBLADE/GRAVITY KNIFE, DAGGER, DIRK, STILETTO, BILLY, LARGE CAPACITY AMMO FEEDING DEVICE, BLACKJACK, METAL KNUCKLES, CHUKA STICK, SANDBAG, SANDCLUB, SLUNGSHOT) PRESUMED POSSESSED BY EVERYBODY IN VEHICLE,
BUT THERE ARE 3 EXCEPTIONS. EXCEPTIONS RE: NON-STOLEN AUTO:
1. Found on person of one of occupants. (Doesn't say "concealed.")
2. Driver in lawful pursuit of trade.
3. Occupant in car voluntarily has valid license to carry pistol/revolver.
Compare the PRESUMPTIONS OF POSSESSION re: WEAPONS in Article 265 with the PRESUMPTIONS OF POSSESSION re: CONTROLLED SUBSTANCES in Article 220.
These are the PRESUMPTIONS OF POSSESSION that appear in 220.25:
1. Any CONTROLLED SUBSTANCE (all-inclusive) found in an automobile (except public omnibus) is presumptive evidence of knowing possession by everyone in the automobile at the time it's found.
BUT -- presumption does NOT apply:
EVEN IF STOLEN, {
THESE {
EXCEPTIONS {
APPLY
to hired driver in lawful pursuit of his trade (ie. cab driver) OR
to anybody if the drug is lawfully possessed by one of the occupants, it is still in original container, and he/she is not present under duress,
OR
to anybody if the drug is found concealed on the PERSON of
one of the occupants.
A NARCOTIC DRUG, NARCOTIC PREPARATION, MARIHUANA, or PHENCYCLIDINE
in a room (other than a public place), under circumstances evincing an INTENT to unlawfully mix, etc., is PRESUMPTIVE EVIDENCE OF KNOWING POSSESSION by each
in open view
person who
BUT -- the presumption does NOT apply:
a) if one of the persons lawfully possesses the drug, it's in its
original container, and he/she is not present under duress, OR
b) if one of the persons has the drug upon his/her person.
NOTE: In Article 265 there is a DISTINCTION between a STOLEN VEHICLE and a NON-STOLEN AUTOMOBILE. This distinction does NOT appear in Article 220.
NOTE FURTHER: There is NO PRESUMPTION OF POSSESSION re: marihuana found in a vehicle.
is in CLOSE PROXIMITY (subjective) to the drug when it is found.
265.15 PRESUMPTION OF POSSESSION
16
image
hate
17
1. A PERSON IS GUILTY OF MAKING A TERRORISTIC THREAT WHEN WITH INTENT TO INTIMIDATE OR COERCE A CIVILIAN POPULATION, INFLUENCE THE POLICY OF A UNIT OF GOVERNMENT BY INTIMIDATION OR COERCION, OR AFFECT THE CONDUCT OF A UNIT OF GOVERNMENT BY MURDER, ASSASSINATION OR KIDNAPPING, HE OR SHE THREATENS TO COMMIT OR CAUSE TO BE COMMITTED A SPECIFIED OFFENSE AND THEREBY CAUSES A REASONABLE EXPECTATION OF FEAR OF THE IMMINENT COMMISSION OF SUCH OFFENSE.
2. IT SHALL BE NO DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING THE SPECIFIED OFFENSE OR THAT THE THREAT WAS NOT MADE TO A PERSON WHO WAS A SUBJECT THEREOF.
490.20 MAKING A TERRORISTIC THREAT - D FELONY
18
ARTICLE 220 -
The so called Rockefeller Drug Laws were substantially amended in 2009 wherein
many instances in which a defendant who previously faced substantial criminal liability now has the option of "judicial diversion" (essentially re-hab)
available to him. In practice this will have an adverse impact on law enforcement efforts throughout the state. Luckily the examiners generally do not concern themselves with sentencing provisions in Part II of the Penal Law (which is what the 2009 amendments primarily addressed). New substantive offenses were added and the issue continues to draw substantial political and media attention. It is worthy of consideration.
The seriousness of a controlled substance offense is generally determined by such factors as:
1) Whether the substance was sold or possessed
2) The type of substance
3) The weight or quantity
4) Does the sale occur on "school grounds"
5) Does the sale occur with the involvement of a minor 6) Is the defendant in the business of trafficking
7) Prior Article 220 convictions
Generally sales are more serious than mere possession of the same substance.
A "controlled substance" is any substance listed in schedules I thru V of N.Y.S. Public Health Law 3306 other than marihuana/cannabis.
Concentrated cannabis (commonly known as hashish) IS NOT a controlled substance.
Controlled substance is an "umbrella term" which encompasses many types of drugs. Watch this work:
Cocaine and heroin are types of narcotic drugs. A narcotic drug is a type of controlled substance. Generally (with one exception, as outlined later), if you nail someone with cocaine, you will ascertain its weight and open to Article 220 and look up narcotic drug weights to determine the new appropriate offense to charge.
The same concept holds true throughout Article 220 (e.g.: heroin is a kind of narcotic drug, a narcotic drug is a kind of controlled substance. If you nail a guy possession 9 ounces of heroin he is chargeable with C.P.C.S. 1st Degree under the subdivision = POSSESS 8 oz. or more of a narcotic drug.)
Pay attention to the following controlled substance types:
NARCOTIC DRUG (cocaine and heroin are kinds of narcotic drugs)
COCAINE is named specifically only in C.P.C.S. 5th Degree re: 500 mg. or more of PURE weight.
HEROIN is not named in the Penal Law but it is a kind of narcotic drug. PHENCYCLIDINE is commonly known as PCP or ANGEL DUST.
CONCENTRATED CANNABIS, commonly known as HASHISH, IS NOT a controlled substance.
(neither is cannabis/marihuana).
KETAMINE is an animal tranquilizer. It is commonly known as SPECIAL K.
GHB (gamma hydroxybutric acid) is a common date rape drug.
METHAMPHETAMINE is known as CRYSTAL METH and is the subject of recent extensive legislation and public attention.
LSD (lysergic acid disthylamide) is known as ACID.
METHADONE is a drug often provided by government to heroin addicts to assist them in weaning off their addiction.
The statute requires that some controlled substances be measured by "aggregate weight" while others be measured by "pure weight."
AGGREGATE WEIGHT is the total weight of the drug itself and any other substances
mixed with it.
PURE WEIGHT is the weight or amount of the controlled substance itself. This is generally only determined through lab analysis.
It is enough for the defendant to knowingly and unlawfully possess or sell a particular controlled substance. "Knowingly" does not generally apply to the amount of the substance. If you know you possess the substance and its unlawful you are on the hook for its weight. The people need not prove the defendant knew the actual amount of the controlled substance.
-- MOST Article 220 offenses are framed as 2 oz. OR MORE, 250 mg. OR MORE, etc., whereas cannabis offenses are framed as MORE THAN 3 oz., MORE THAN 16 oz. Big difference between the two.
When it comes to controlled substances the rule "OR MORE" is NOT 100%. There are a few exceptions.
All possession offenses require knowing and unlawful possession. The following breakdown is not all-inclusive. It focuses on the substances which are most exam/job related.
CONTROLLED SUBSTANCES
19
sa2ber
mandatory release if less than
20
sa2ber
civilian mandatory release if less than
21
dr wisdom
appearance ticket unless
22
Dr barks
prevent terminate po civilian
23
Mr Mrs
arrest civilians
24
charms dials sacts
family court offenses
25
bike abike dike adike paid
burglary
26
freds + ammo
criminal trespass 1st
27
gems
arson 1st degree
28
Dr barks bake
defense of justification
29
aids
Robert 1st degree
30
maid
robbery 2nd degree
31
Dr pots
forgery 2nd degree
32
" states that a person may NOT use physical force to resist an arrest, WHETHER AUTHORIZED or UNAUTHORIZED, which is being effected or attempted by a police officer, when it would reasonably appear that the latter is a police officer.
NO SOCK law
33
space ships
no warrant needed for search
34
mark aw abrams
jo
35
ji mred
defenses
36
freds
criminal trespass 1st
37
cc grapes ram
grand larceny 4th
38
gems
arson 1st
39
dr pots
forgery 2nd
40
parol rash
mandatory license revocation