New York Jury Instruction - Controlled Substances - Unlawful Use Of Communications Facility
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Jury Instructions Title 21, United States Code, Section 841(a)(1) makes it a crime for a physician to knowingly or intentionally distribute or dispense a controlled substance unless it was done within the usual course of professional prac- tice and for a legitimate medical purpose.
Under New York Penal Code § 220.21, you have committed a Class A-1 felony if you possess 8 ounces or more of a narcotic drug or 5,760 milligrams of methadone. The police receive a tip about the make and model of a car that alleged contained cocaine.
You can be charged with seventh-degree possession of a controlled substance if you have even small amounts of drugs: half a gram of cocaine or crack cocaine, half an ounce of methamphetamine, 25mg of ecstasy, an eighth of an ounce of heroin, 5mg of LSD, 50mg of PCP, or a gram of ketamine.
Criminal Possession of a Controlled Substance (CPCS) in the Seventh Degree is a violation of New York Penal Law §220.03 and is the lowest level offense chargeable for the unlawful possession of any controlled or banned substance under state law (except marijuana, the possession of which is a separate crime).
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
NY Penal Code § 220.45 allows for the prosecution of a person who knowingly and unlawfully has possession of or has sold a hypodermic instrument or needle that can be used to inject controlled substances.
NY Penal Law § 220.03: Criminal possession of a controlled substance in the seventh degree. Criminal possession of a controlled substance in the seventh degree is one of the least serious drug crimes. It is a misdemeanor.
Because assault in the third degree is a class A misdemeanor the maximum possible sentence is up to 1 year in jail. In lieu of being sentenced to jail, the judge may sentence to you to a 3 year probation term.