In article , tjab@wam.umd.edu (tjab)
wrote:
> In article ,
> Larry wrote:
> >In article , tjab@wam.umd.edu (tjab)
> >wrote:
> >
> >> In article ,
> >> Larry wrote:
> >> >In article , tjab@wam.umd.edu (tjab)
> >> >wrote:
> >> >
> >> >> In article ,
> >> >> Thanatos wrote:
> >> >> >In article ,
> >> >> > Larry wrote:
> >> >> >
> >> >> >> In article <64rhs6F2crajtU1@mid.individual.net>,
> >> >> >> "Reality_Check©" wrote:
> >> >> >>
> >> >> >> > NY Governor Patterson admits to committing FELONIES
> >> >> >>
> >> >> >> Sorry, none of these are felonies, you ignoramus.
> >> >> >>
> >> >> >> Possessing cocaine is a misdemeanor, New York Penal Law 220.03, as
> >> >> >> is
> >> >> >> the possession of marijuana, P.L. 221.10.
> >> >> >>
> >> >> >>
> >> >> >> So much for a "reality check"!
> >> >> >
> >> >> >Now watch. It'll just claim you're lying over and over again.
> >> >>
> >> >> Possession of half a gram (not much) is a class D felony, P.L. 220.06.
> >> >
> >> >If you look at the statute closely, unlike the other weight-based
> >> >cocaine charges, this must be 500 milligrams of PURE cocaine. Since
> >> >street-level cocaine is far from pure (generally, anywhere from 40-80%),
> >> >generally people are in possession of far more than a gram for this
> >> >statute to actually apply.
> >> >
> >> >This amount of weight is far more than what most users would possess,
> >> >and is often indicia of a seller.
> >>
> >> Going in the middle of your range, 60%, we're still talking less
> >> than a gram. Any particular reason why you would claim otherwise?
> >
> >No, why would I? Possessing less than a gram of white powder can in
> >fact be a felony in NY if the pure cocaine is over 500MG.
>
> So why would you write, as you did, that generally people are in
> possession of "far more than a gram" for the felony charge to apply?
Because cocaine is mixed with other substances, known as mixing agents.
When someone is in possession of such a substance, the laboratory must
analyze the substance to determine how much is pure cocaine.
I've seen cases where people are in possession of over 2 grams of
cocaine (aggregate weight) but it's less than 500 milligrams of pure
cocaine, making it a misdemeanor (and very weak).
Are you really having this much trouble keeping up? |