HOW WOULD YOU WEIGH THIS?
In People v. Ballard, Tyrone Ballard faced charges of "criminal possession of a controlled substance in the fifth degree and unlawful possession of marijuana."
To be guilty of that first crime, one must "knowingly and unlawfully possess" the drug in an amount weighing "five hundred milligrams or more." Ballard argued that since he didn't know the weight of the cocaine he was carrying, he didn't "knowingly possess" the drug and therefore couldn't be found guilty. He also asserted prejudice by the court's replacement of a sick juror with "an alternate."
On appeal, the Appellate Division, Second Department, determined the term "knowingly" in New York's Penal Law "applies only to the possession element of the crime, and not to the weight element." It further determined the lower court acted "providently" when it replaced the juror, "after a reasonably thorough inquiry" as to that individual's availability.
Replacing a juror with an alternate wasn't impermissible as "'there is no material distinction between regular and alternate jurors' prior to deliberations."
Looks like the AD2 wasn't giving Ballad's arguments much weight.
To download a copy of the Appellate Division's decision, please use this link: People v. Ballard
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Comments
Ballard should have invested in a quality scientific product by Ohaus. It would have saved him lots in legal fees.
http://www.ohaus.com/
Posted by: Gines Pasamonte | July 21, 2008 3:56 PM
I will pray for your soul, sir.
Posted by: MotherHub624 | July 21, 2008 5:38 PM
And I will send you a copy of "Civilization and its Discontents" and a $25.00 gift certificate to the Pink Pussycat Boutique. Send Lucas your address and I will make sure you get them.
Posted by: Gines Pasamonte | July 22, 2008 11:57 AM
No need. Jesus is my salvation.
Posted by: MotherHub624 | July 22, 2008 1:06 PM
Not likely -- you're self-righteous in your own supposed holiness (Pride) and an uninvited busybody worrying about the salvation of others you perceive as less Christian than yourself (Envy). That's two out of seven Cardinal Sins in one post.
A little remedial Sunday School is in order for you.
Posted by: Gines Pasamonte | July 22, 2008 2:37 PM
Pasamonte, you pseudo-intellectual wimp. Get with the program already. You know her sins can only be absolved by:
http://www.youtube.com/watch?v=RxmUhiQAqEM
Posted by: Cide Hamete Benengeli | July 22, 2008 4:50 PM
I can send her to heaven. Let me have her for 5 minutes. I'll [BALANCE OF COMMENTS DELETED].
Posted by: ALesbo | July 22, 2008 5:50 PM
I pray for your redemption.
Posted by: MotherHub624 | July 23, 2008 2:31 PM
Careful while you do that, Lesbo is likely to find new, unique uses for your rosary beads.
Posted by: Cide Hamete Benengeli | July 23, 2008 6:55 PM
Motherhub,
A theological query.
Do you swallow or spit?
Love,
Gines
Posted by: Gines Pasamonte | July 23, 2008 8:59 PM
I don't understand. What difference would it make?
Posted by: Theresa | July 25, 2008 12:31 PM
The question has metaphysical significance in certain circles in which you appear uninitiated. I'll leave it at that.
Posted by: Cide Hamete Benegeli | July 26, 2008 2:39 AM
Be nice to Theresa, Cide.
Posted by: Gines Pasamonte | July 26, 2008 8:42 AM
Hey luver!
I SPIT & SWALLOW!
What's your pleasure?
Posted by: ALesbo | July 26, 2008 6:21 PM
Neither. You know I'm a bad boy, so my natural preference is option 3.
Posted by: Gines Pasamonte | July 27, 2008 9:27 PM