 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3638
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2017
                                       ___________
 
        Introduced  by M. of A. GRAF, GIGLIO, LUPINACCI, CASTORINA, MALLIOTAKIS,
          GOODELL, PALMESANO -- Multi-Sponsored by -- M. of  A.  BLANKENBUSH  --
          read once and referred to the Committee on Codes
 
        AN  ACT  to amend the penal law, in relation to 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 forty or more individ-
     6  ual packages containing one or more preparations, compounds, mixtures or
     7  substances of the controlled substance defined under paragraph eleven of
     8  subdivision (c) of schedule I of section thirty-three hundred six of the
     9  public  health  law  and  said  preparations,  compounds,  mixtures   or
    10  substances  are of an aggregate weight of 4.0 grams or more, is presump-
    11  tive evidence that such person possessed such controlled substance  with
    12  intent to sell it.
    13    §  2.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05703-01-7
Relates to the presumption of intent to sell

What's Happening

Why It Matters
