 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3202
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by M. of A. RAIA, CROUCH, FRIEND, PALMESANO -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to creating a presumption  of
          intent to sell
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new section 220.26  to
     2  read as follows:
     3  § 220.26 Presumption of intent to sell.
     4    For the purposes of a prosecution of a charge under subdivision one of
     5  section  220.16  of this article, the possession of thirty or more indi-
     6  vidual packages containing the controlled substance defined under  para-
     7  graph  eleven  of  subdivision (c) of schedule I of section thirty-three
     8  hundred six of the public health  law  and/or  the  possession  of  such
     9  controlled  substance  in  an  amount having an aggregate value of three
    10  hundred dollars or  more,  is  presumptive  evidence  that  such  person
    11  possessed such controlled substance with intent to sell it.
    12    §  2.  This  act shall take effect on the ninetieth day after it shall
    13  have become a law.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05394-02-7
Creates the presumption of intent to sell

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