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, mixture 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 subdivision four 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 milligrams; or
7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or
8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances ar of an aggregate weight of twenty-eight grams or more.
Client’s breath test was a 0.19 BAC
Client alleged to have nearly collided with police cruiser
Arrest at DWI checkpoint stop
Assault case alleging substantial injuries
Client’s cellphone searched at border related to cocaine smuggling charges
Prisoner civil rights case following sexual assault by a prison guard
Federal murder charges related to racketeering conspiracy
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