PL 220.06 Crim. poss. cont.sub. 5th degree Class D felony Link to CJI2d
§ 220.06 Criminal  possession  of  a  controlled  substance in the fifth
           degree.
  A person is guilty of criminal possession of a controlled substance in
the fifth degree when he knowingly and unlawfully possesses:
  1. a controlled substance with intent to sell it; or
  2.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing  a  narcotic  preparation  and  said preparations, compounds,
mixtures or substances are of an aggregate weight of one-half  ounce  or
more; or
  3.  phencyclidine  and  said  phencyclidine weighs fifty milligrams or
more; or
  4.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing concentrated cannabis as defined in paragraph (a) of subdivi-
sion  five  of section thirty-three hundred two of the public health law
and said preparations, compounds,  mixtures  or  substances  are  of  an
aggregate weight of one-fourth ounce or more; or
  5. cocaine and said cocaine weighs five hundred milligrams or more.
  6.  ketamine  and  said  ketamine weighs more than one thousand milli-
grams; or
  7. ketamine and has previously been convicted  of  possession  or  the
attempt to commit possession of ketamine in any amount.
  Criminal possession of a controlled substance in the fifth degree is a
class D felony.
.
Subdivision Elements Lesser included offenses
PL 220.06(1)
  • knowingly and unlawfully possesses controlled substance
  • intent to sell

LIO

PL 220.06(2)
  • knowingly and unlawfully possesses controlled substance
  • narcotic preparation
  • # ounces 0.5 or more

LIO

PL 220.06(3)
  • knowingly and unlawfully possesses controlled substance
  • phencyclidine
  • # mg 50 or more

LIO

PL 220.06(4)
  • knowingly and unlawfully possesses controlled substance
  • concentrated cannabis
  • # ounces 0.25 or more

LIO

PL 220.06(5)
  • knowingly and unlawfully possesses controlled substance
  • cocaine
  • # mg 500 or more

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by