21 October 2008

Criminal Possession in the 7th Degree???

Okay, somebody from NY please explain to me criminal possession in the 7th degree.

Here's how I picture possession in the 7th degree: A person in Idaho thinks about someone in NY who knows someone who might know someone who has an LSD tab.

Am I close?


Anonymous said...

It's just your basic misdemeanor possession, without any specific quantity involved, so there's something to plead down to when avoiding a felony conviction.

Because the Rockefeller Law was all quantity driven, we have lots of possession counts based on how much narcotics one possesses, from no quantity (7th) to 8 ounces, which used to be 4 before the law was reformed, which is an A-1 felony, just like our old buddy murder.

Ken Lammers said...

So, it's a guilty plea to possessing 0 grams?

Anonymous said...

There would have to be some amount of drugs, but it would not have a threshhold quantity. So zero, no, but an iota, yes. More to the point, it filled the gap of CPCS when they can't prove weight and offers a misdemeanor to plead down from minor felony weight.