The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Penal Law § 220.16(1) ). . . .
. . . Penal Law § 220.16 (McKinney). . . .
. . . State Police arrested the defendant and charged him with two (2) counts of violating NYS Penal Law 220.16 . . . Violation No. 1 alleges that Defendant violated New York State Penal Law § 220.16(1), which provides . . . CJI2d[NY] Penal Law § 220.16(1), available at http://www.nvcourts.gov/judges/cji/2-PenalLaw/220/220-06% . . .
. . . Penal Law § 220.16(1), for which he was sentenced to one year of imprisonment; (2) Defendant's February . . . Penal Law § 220.16(1), for which he was sentenced to one year of imprisonment; and (3) Defendant's March . . . Penal Law § 220.16(1) -which requires the intent to sell as an element of the offense, see, e.g., People . . . Penal Law § 220.16(1). The Court disagrees. . . .
. . . 2010, he was convicted of criminal possession of a narcotic (cocaine) with intent to sell under NYPL § 220.16 . . . conviction and Gomez pled guilty to possession of a narcotic substance of one half ounce or more, NYPL § 220.16 . . .
. . . Several cases in the Appellate Division have considered NYPL § 220.16(1), a statute comparable to NYPL . . . NYPL § 220.16(1). . . . Penal Law § 220.16(1) does not distinguish between the types of narcotics possessed, but treats all drugs . . . A conclusion that NYPL § 220.16(1) “treats all drugs classified as narcotics interchangeably” suggests . . .
. . . for selling cocaine to an undercover police officer and, in 2010, he pled guilty to violating NYPL § 220.16 . . . conviction, which was granted in 2016; subsequently, he agreed to instead plead guilty to violation NYPL § 220.16 . . . Section 220.16(12) is a possession offense and is not an “aggravated felony” within the scope of 8 U.S.C . . .
. . . approach to determine that a drug trafficking offense under New York Penal Law (“NYPL”) §§ 110 and 220.16 . . . His conviction for attempted criminal possession of cocaine with intent to sell under NYPL §§ 110 and 220.16 . . . Fed.Appx. 65, 66-67 (2d Cir. 2008) (summary order) (finding that a conviction under NYPL §§ 110 and 220.16 . . . Accordingly, any conviction under NYPL §§ 110 and 220.16 categorically constitutes an aggravated felony . . . Moncñeffe does not aid Espinal because NYPL § 220.16 criminalizes the knowing and unlawful possession . . .
. . . Penal Law §§ 105.15, 220.16. He was set to become eligible for parole on November 11, 2005. . . .
. . . of one ounce or more, and criminal use of drug paraphernalia in violation of New York Penal Law §§ 220.16 . . . Penal Law § 220.16(12) and does not qualify as an aggravated felony for immigration purposes under 8 . . .
. . . PL 110-220.16 01 CF (dangerous drug)” which involves “criminal possession of a controlled substance in . . .
. . . Penal Law § 220.16, and conspiracy, under N.Y. Penal Law § 105.15. . . .
. . . Penal Law § 220.16 in three cases — including five arrests in one case. (Id.) . . . Penal Law § 220.16 in three cases— including five arrests in one ease. (Id.) . . .
. . . a controlled substance with the intent to sell in the third degree under New York State Penal Law § 220.16 . . .
. . . Controlled Substance with Intent to Sell (cocaine), in violation of New York State Penal Law Section 110-220.16 . . .
. . . Penal Law § 220.16(12). . . . .
. . . a controlled substance with the intent to sell in the third degree under New York State Penal Law § 220.16 . . .
. . . that it weighed in excess of one half-ounce, as required for conviction under New York Penal Law § 220.16 . . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . . that it weighed in excess of one half-ounce, as required for conviction under- New York Penal Law § 220.16 . . . Penal Law § 220.16(12). Cocaine is a "narcotic drug.” . . .
. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16(1). . . .
. . . . §§ 220.16(1), 265.03(3), 265.02(5), 220.50(3), and 221.10(1) (respectively). . . . Penal L. §§ 220.16(1), 265.03(3), 220.03, 220.50(3), 221.15, 265.01(1), 221.10(2), 221.05 (respectively . . .
. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law 220.16 . . . July 03, 2008) (discussing § 220.16). . . .
. . . PL 110-220.16 01 CF.” Id. . . . notation established that the defendant was convicted under subsection (1) of New York Penal Law § 220.16 . . . On appeal, it was uncontested that, if the defendant in fact had been convicted under § 220.16(1), the . . . Second Circuit, in Michael Green, concluded that the certificate’s “reference to subsection (1) of § 220.16 . . .
. . . Penal Code § 220.16(1). . . .
. . . And the 2002 New York conviction for violation of New York Penal Law § 220.16(1) plainly qualifies as . . .
. . . . § 220.16. . . .
. . . Criminal Possession of a Controlled Substance in the Third Degree in violation of New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16). Pet. at 1. . . . Penal Law § 220.16), and two counts of Criminal Possession of a Controlled Substance in the Seventh Degree . . .
. . . criminal possession of a controlled substance in the third degree in violation of New York Penal Law 220.16 . . .
. . . County, of Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Law § 220.16 . . . New York Penal Law § 220.16(1). . . .
. . . Penal Law § 220.16(1), (12)), Resisting Arrest (N.Y. . . . Penal Law § 220.16(12). . . . Penal Law § 220.16(12). . . . .
. . . Penal Law § 220.16(1). . . . Penal Law § 220.16(1). The evidence at trial was as follows. . . .
. . . Penal Law § 220.16 (McKinney 1999), a person is guilty of possession in the third degree when they unlawfully . . .
. . . Penal Law § 220.16(1) (“New York Class C attempted drug sale felony”). 3. . . . substances, of a statutorily specified weight and type class, in violation of New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16(1), for which Petitioner was sentenced to a prison term of four and one-half years . . .
. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law [§ ] 220.16 . . . records on file [with the Court]” indicates that Young was convicted of violating New York Penal Law § 220.16 . . . Penal Law § 220.16(1) provides that ‘‘[a] person is guilty of criminal possession of a controlled substance . . .
. . . Penal Law §§ 220.16 and 110.00 constitutes conviction for a “serious drug offense[ ] ... involving the . . . Penal Law §§ 220.16 and 110.00, the New York statutes under which Pena was convicted, would also be punishable . . .
. . . .) § 220.16; • one count of criminal possession of a controlled substance in the fifth degree, when he . . .
. . . criminal possession of crack cocaine with intent to sell, in violation of New York State Penal Law 220.16 . . . Substance in the Third Degree with Intent to Sell, to wit: Crack Cocaine; in violation of Section 110/220.16 . . . was convicted of “Attempted Criminal Possession of a Controlled Substance in the 3rd Degree, PL 110-220.16 . . .
. . . Penal Law §§ 110.00, 220.16 (2008). . . .
. . . Penal Law § 220.16, a statute that criminalizes, inter alia, knowing and unlawful possession of a stimulant . . .
. . . . § 220.16(1) (McKinney 2000). . . . Penal L. §§ 220.16(1) and 110, the New York statutes under which petitioner was convicted, would also . . .
. . . he was convicted in New York for possession of cocaine in the third degree in violation of Section 220.16 . . .
. . . Penal Law §§ 110.00, 220.16. . . .
. . . Indeed, Morales was arrested for violating New York Penal Law § 220.16 (criminal possession of a controlled . . .
. . . Penal Law 220.16(1)) on March 2, 2000; • Count Eight: Criminally Using Drug Paraphernalia (glassine envelopes . . . Penal Law § 220.16(1)) on April 6, 2000. . . . Penal Law § 220.16(1). . . .
. . . unlawful possession of a controlled substance in the third degree under New York State Penal Law § 220.16 . . . unlawful possession of a controlled substance in the third degree under New York State Penal Law § 220.16 . . .
. . . The State Court Record as to the Nature of Green’s Conviction Section 220.16 of the New York Penal Law . . . Penal Law §§ 220.16(1) and (12) (McKinney 1987). . . . The Commitment Order does not mention § 220.16 in haec verba, nor, perforce, any of its subsections. . . . Although Green and the government stipulated that the notation “PL 110— 220.16 01” in the Certificate . . . of Disposition is a reference to subsection (1) of § 220.16, Green contended that that reference was . . .
. . . new decision, stating that Escobar had been convicted of a violation of New York State Penal Law § 220.16 . . . The BIA noted that 220.16(1) provides that “[a] person is guilty of criminal possession of a controlled . . . Because we disagree with the BIA’s finding that Escobar was convicted under subsection (1) of § 220.16 . . . The document does not, however, designate any particular subsection of 220.16, nor does it state that . . . Penal Law 220.16, "Criminal possession of a controlled substance in the third degree is a class B felony . . .
. . . Penal Law §§ 220.16, 220.39. . . .
. . . Penal Law §§ 220.16(1), 220.09(1). . . .
. . . Penal Law § 220.16(1). . . .
. . . counts of Criminal Sale of a Controlled Substance in the Third Degree pursuant to New York Penal Law § 220.16 . . .
. . . possession of a controlled substance (cocaine) in the third degree in violation of New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16(1)) which alleged the possession of a narcotic drug with intent to sell. . . . Penal Law § 220.16(2) (possession of one or more preparations, compounds, mixtures or substances containing . . . Penal Law § 220.16), a class B felony under New York law. . . .
. . . Penal Law § 220.16 — once after being arrested in New York City on February 4, 1990, and then again after . . .
. . . Penal Law § 220.16 (McKinney 2000). . . .
. . . Penal Law § 220.16(1)) and two counts of criminal sale of a controlled substance in the third degree . . .
. . . Penal Law § 220.16, an offense for which Brown was sentenced to one-to-three years’ imprisonment. . . . Brown concedes his § 220.16 conviction and receipt of a sentence exceeding 13 months. . . . which he was convicted, and because intent to distribute is not an element of every subsection of § 220.16 . . . Ramirez, 344 F.3d 247, 253-54 (2d Cir.2003), the district court erred in concluding that his § 220.16 . . . Given that Brown admits to having pleaded guilty to -violating § 220.16, and that the only § 220.16 charge . . .
. . . Penal Law § 220.16. (Petition, ¶ 3). He was sentenced to seven years to life in state prison. . . .
. . . . § 220.16(1). Petitioner was arraigned before the Honorable Charles F. . . .
. . . Penal Law § 220.16[1] (“the second count”); and (3) one count of Criminal Possession of a Controlled . . .
. . . Penal Law § 220.16(12) (McKinney 1998), for which crimes he received concurrent sentences of one-to-three . . . Penal Law § 220.16(12), the statute pursuant to which Ramirez was convicted, makes it a class B felony . . .
. . . arrested the plaintiff for the Drug Sale and charged him with violations of New York State Penal Law §§ 220.16 . . .
. . . Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Laws §§ 220.39(1) and 220.16 . . .
. . . Penal Law § 220.16(1) (McKinney 1992) was not for “a serious drug offense” within the meaning of § 924 . . . Penal Law § 220.16(1) was a serious drug offense, all within the meaning of 18 U.S.C. § 924(e)(1), the . . . Penal Law § 220.16(1). . . . , we conclude that King’s conviction was properly interpreted as one for attempt to violate 220.16(1) . . . Penal Law § 220.16(1) has as an element the intent to sell; the third-degree possession count of the . . .
. . . criminal sale of a controlled substance in or near school grounds, in violation, respectively, of Sections 220.16 . . .
. . . felonies) and two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 . . .
. . . Penal Law § 220.16[1], and criminal possession of a controlled substance in the seventh degree, in violation . . .
. . . Penal Law § 220.16(1)), three counts of Criminal Possession of a Controlled Substance in the Fourth Degree . . .
. . . state-court conviction of criminal possession of. a controlled substance, violating New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16[1], in relation to the November 30, 1977 events and to Bail Jumping in the First Degree . . .
. . . Penal Law § 220.16(1). . . .
. . . controlled substance in the third degree, which is a felony drug offense under New York Penal Law § 220.16 . . .
. . . Penal Law §§ 220.16[1] and 220.03). . . .
. . . Law § 220.39[1]), Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . .
. . . Penal Law § 220.16. See 18 U.S.C. § 922(g)(1). I write to explain Defendant Reynolds’ sentence. . . .
. . . PENAL LAW § 220.16(1) (1980); N.Y. PENAL LAW § 110.05(5) (1975). . . .
. . . Criminal Possession of a Controlled Substance in the third degree, in violation of New York Penal Law § 220.16 . . .
. . . guilty to Indictment Numbers 3356-83 and 7203-89, the defendant admitted guilt to New York Penal Law § 220.16 . . . that the defendant was convicted of “CPCS3,” which appears to be a short form for New York Penal Law § 220.16 . . . If the judgments show that the defendant was convicted of section 220.16(1), then the defendant may be . . . New York Penal Law § 220.16 (McKinney 1999) (emphasis added). . . . . New York Penal Law § 220.16 is entitled Criminal Possession of a Controlled substance in the Third Degree . . .
. . . See N.Y.Penal Law § 220.16. That same day, the Honorable Stephen R. . . .
. . . and one count of Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . .
. . . 220.39) and Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16[1]), Criminal Possession of a Controlled Substance in the Fifth Degree (N.Y. . . . Penal Law § 220.16[1]) relating to the November 30, 1977 transaction, and to Bail Jumping in the First . . .
. . . cocaine (N.Y.Penal Law § 220.39(1)) and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16 . . . of cocaine (N.Y.Penal Law § 220.39(1)), third degree criminal possession of cocaine (N.Y.Penal Law § 220.16 . . . (1)), and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16(12)) arising from petitioner . . . (1)), and seventh degree criminal possession of cocaine (N.Y.Penal Law § 220.16(1)) arising from the . . . (1)), and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16(12)) for the events of . . .
. . . on four counts of Criminal Possession of a Controlled Substance in the Third Degree, N.Y.Penal Law § 220.16 . . .
. . . Possession of a Controlled Substance in the Third Degree in violation of New York Penal Law §§ 220.39L1] and 220.16 . . .
. . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . .
. . . Penal Law § 220.16(1)), and three counts of Criminal Possession of' a Controlled Substance in the Third . . . Penal Law § 220.16(1)). . . .
. . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . . Robinson’s second habeas claim contends that his intent to sell drugs, a requisite element of NYPL § 220.16 . . . NYPL § 220.16(1) stales: "A person is guilty of criminal possession of a controlled substance in the . . .
. . . Penal Law §§ 220.16 & .39 (McKinney Supp.1997). . . .
. . . . § 220.16. Smith pleaded guilty pursuant to a plea agreement, and Simms went to trial. . . .
. . . . § 220.16. . . .
. . . Penal Law § 220.16[1] (McKinney Supp.1996), and criminal possession of a controlled substance in the . . .
. . . . § 220.16. . . .
. . . crime of Criminal Possession of a Controlled Substance in the Third Degree, in violation of Section 220.16 . . .
. . . . §§ 220.09, 220.16. . . .
. . . Penal Law §§ 220.39, 220.16 and 220.03; see also Rice v. . . .
. . . , four counts of Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . . See N.Y.Penal Law §§ 220.09, 220.16, 220.18 (McKinney 1989). . . .
. . . criminal possession of a controlled substance in the third degree, in violation of N.Y.Penal Law § 220.16 . . .