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 ,
> >> >> 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?
> >>
> >> You've now gone from "generally" to "I've seen cases."
> >>
> >> Are you really having this much trouble admitting you were wrong?
> >
> >I haven't said anything incorrect in this thread. Your problem (one of
> >them, actually) is that you can't distinguish fact from opinion.
>
> You wrote:
>
> "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."
>
> In the middle of your range, 60%, 835 milligrams of white powder
> contains more than 500 milligrams of pure cocaine.
>
> Is it your "opinion" that 835 milligrams is far more than a gram?
No, but my estimation that most cocaine is 40%-80% isn't a bell curve
with equal distributions or a standard deviation. You assumed it was.
I was simply recapping from memory a swath of cases I prosecuted. I'd
say the majority of cases are between 40% and 50/55%, but anything up to
80% or so wouldn't shock me - 70% and up is pretty unusual, but not
outside the realm of possibility.
If I see a case with a high purity, which I'd say would be 80% or
higher, it piques my interest to investigate further, because that is an
indication the drugs aren't that far removed from their origination.
Oh, and there's also the issue of having to prove the weight beyond a
reasonable doubt. If a lab analysis showed exactly 500 milligrams (or
even up to about 550 or so), as an exercise of prosecutorial discretion
the charge probably wouldn't be brought. Between accepted margins of
error, and ambiguities that defense lawyers could create at trial
(whether they exist or not), it would be hard to convince a jury beyond
a reasonable doubt that the defendant had 500mg or more if the lab
analysis was exactly that or only a small amount over.
So it is not my "opinion," but rather a fact, that if you reviewed all
of the cases in which someone was charged with this crime, the aggregate
weight of the cocaine they possessed would be over 1 gram. Frankly, I
don't care if you believe me or not, and I'm sure you don't, but that's
a fact.
> >If you want to argue over whether these laws should be in effect, or
> >whether buyers and sellers should be charged as co-conspirators in the
> >sale, we can discuss that all you want and you can tell me why you think
> >your position is better than mine.
>
> If I wanted to argue over that, I would.
Just like you want to disagree with everything I say, whether its
logical or not, so you do. You're as predictable as the sun rising
tomorrow.
> I don't, so I haven't.
> If you haven't said anything incorrect, why are you so desperate to
> change the subject?
I'm not changing anything. I was pointing out the lunacy of your
arguing with me over the state of the law. Whether you'll admit it or
not, I know New York's drug laws. I've prosecuted hundreds of people
for violating PL 220.06(5) - the 500 milligram law - as well as 220.03
(the misdemeanor, no weight limit), 220.09 (higher weight), 220.16 (even
higher weights), and the A-1 and A-2 charges for possessing multiple
ounces of the drug. And I've never once had a conviction overturned on
appeal or a judge dismiss a case because the defendant was charged with
the wrong statute. So I don't expect you to ever admit it, but I do
know what I am talking about here. You and your lap dog
Reality/Vox/Ultra don't. |