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Indian Nation (New York) Codes and Rules]
Last amended: 2004 PENAL CODE - CHAPTER 4H-N
H. BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES
A Native American is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. Bribery in the third degree is a class D felony.
A Native American is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued in excess of ten thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. Bribery in the second degree is a class C felony.
A Native American is guilty of bribery in the first degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article 103 of the penal code or an attempt to commit any such class A felony. Bribery in the first degree is a class B felony.
In any prosecution for bribery, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the public servant involved as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
A public servant is guilty of bribe receiving in the third degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. Bribe receiving in the third degree is a class D felony.
A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced. Bribe receiving in the second degree is a class C felony.
A public servant is guilty of bribe receiving in the first degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article 103 of the penal code or an attempt to commit any such class A felony. Bribe receiving in the first degree is a class B felony.
1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes. 2. It is no defense to a prosecution pursuant to the provisions of this article that the public servant did not have power or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given.
A Native American is guilty of rewarding official misconduct in the second degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant. Rewarding official misconduct in the second degree is a class E felony.
A Native American is guilty of rewarding official misconduct in the first degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony. Rewarding official misconduct in the first degree is a class C felony.
A public servant is guilty of receiving reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant. Receiving reward for official misconduct in the second degree is a class E felony.
A public servant is guilty of receiving reward for official misconduct in the first degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article 103 of the penal law or the attempt to commit any such class A felony. Receiving reward for official misconduct in the first degree is a class C felony.
A Native American is guilty of giving unlawful gratuities when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation. Giving unlawful gratuities is a class A misdemeanor.
A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation. Receiving unlawful gratuities is a class A misdemeanor.
A Native American is guilty of bribe giving for public office when he confers, or offers or agrees to confer, any money or other property upon a public servant upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office. Bribe giving for public office is a class D felony.
A public servant is guilty of bribe receiving for public office when he solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office. Bribe receiving for public office is a class D felony.
The following definitions are applicable to this article:
A Native American is guilty of escape in the third degree when he escapes from custody. Escape in the third degree is a class A misdemeanor.
A Native American is guilty of escape in the second degree when:
Escape in the second degree is a class E felony.
A Native American is guilty of escape in the first degree when:
Escape in the first degree is a class D felony.
A Native American is guilty of promoting prison contraband in the second degree when:
Promoting prison contraband in the second degree is a class A misdemeanor.
A Native American is guilty of promoting prison contraband in the first degree when:
Promoting prison contraband in the first degree is a class D felony.
A Native American is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. Resisting arrest is a class A misdemeanor.
As used in Sections 663, 664, and 665, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a Native American who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he:
A Native American is guilty of hindering prosecution in the third degree when he renders criminal assistance to a person who has committed a felony. Hindering prosecution in the third degree is a class A misdemeanor.
A Native American is guilty of hindering prosecution in the second degree when he renders criminal assistance to a person who has committed a class B or class C felony. Hindering prosecution in the second degree is a class E felony.
A Native American is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony. Hindering prosecution in the first degree is a class D felony.
The following definitions are applicable to this article:
A Native American is guilty of perjury in the third degree when he swears falsely. Perjury in the third degree is a class A misdemeanor.
A Native American is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved. Perjury in the second degree is a class E felony.
A Native American is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made. Perjury in the first degree is a class D felony.
Where a Native American has made two statements under oath which are inconsistent to the degree that one of them is necessarily false, where the circumstances are such that each statement, if false, is perjuriously so, and where each statement was made within the jurisdiction of this state and within the period of the statute of limitations for the crime charged, the inability of the people to establish specifically which of the two statements is the false one does not preclude a prosecution for perjury, and such prosecution may be conducted as follows:
In any prosecution for perjury, it is an affirmative defense that the defendant retracted his false statement in the course of the proceeding in which it was made before such false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.
It is no defense to a prosecution for perjury that:
A Native American is guilty of making an apparently sworn false statement in the second degree when (a) he subscribes a written instrument knowing that it contains a statement which is in fact false and which he does not believe to be true, and (b) he intends or believes that such instrument will be uttered or delivered with a jurat affixed thereto, and (c) such instrument is uttered or delivered with a jurat affixed thereto. Making an apparently sworn false statement in the second degree is a class A misdemeanor.
A Native American is guilty of making an apparently sworn false statement in the first degree when he commits the crime of making an apparently sworn false statement in the second degree, and when (a) the written instrument involved is one for which an oath is required by law, and (b) the false statement contained therein is made with intent to mislead a public servant in the performance of his official functions, and (c) such false statement is material to the action, proceeding or matter involved. Making an apparently sworn false statement in the first degree is a class E felony.
A Native American is guilty of making a punishable false written statement when he knowingly makes a false statement, which he does not believe to be true, in a written instrument bearing a legally authorized form notice to the effect that false statements made therein are punishable. Making a punishable false written statement is a class A misdemeanor.
In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to section 670, or in any prosecution for making an apparently sworn false statement, or making a punishable false written statement, falsity of a statement may not be established by the uncorroborated testimony of a single witness.
A Native American is guilty of bribing a witness when he confers, or offers or agrees to confer, any benefit upon a witness or a person about to be called as a witness in any action or proceeding upon an agreement or understanding that (a) the testimony of such witness will thereby be influenced, or (b) such witness will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding. Bribing a witness is a class D felony.
A witness or a person about to be called as a witness in any action or proceeding is guilty of bribe receiving by a witness when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that (a) his testimony will thereby be influenced, or (b) he will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding. Bribe receiving by a witness is a class D felony.
A Native American is guilty of tampering with a witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, (a) he wrongfully induces or attempts to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at, such action or proceeding, or (b) he knowingly makes any false statement or practices any fraud or deceit with intent to affect the testimony of such person. Tampering with a witness in the fourth degree is a class A misdemeanor.
A Native American is guilty of tampering with a witness in the third degree when, knowing that a person is about to be called as a witness in a criminal proceeding:
Tampering with a witness in the third degree is a class E felony.
A Native American is guilty of tampering with a witness in the second degree when he:
Tampering with a witness in the second degree is a class D felony.
A Native American is guilty of tampering with a witness in the first degree when:
Tampering with a witness in the first degree is a class B felony.
Any Native American who is the victim of a crime upon which an accusatory instrument is based or is subpoenaed to attend a criminal action as a witness pursuant the Oneida Indian Nation Rules of Criminal Procedure and who notifies his employer of his intent to appear as a witness prior to the day of his attendance, shall not on account of his absence from employment by reason of such witness service be subject to discharge or penalty except as hereinafter provided. Upon request of the employer, the party who sought the testimony shall provide verification of the employee's service as a witness. An employer may, however, withhold wages of any such employee attending a criminal action as a witness during the period of such attendance. The subjection of an employee to discharge or penalty on account of his absence from employment by reason of his required attendance as a witness at a criminal action shall constitute a class B misdemeanor.
A Native American is guilty of intimidating a victim or witness in the third degree when, knowing that another person possesses information relating to a criminal transaction and other than in the course of that criminal transaction or immediate flight therefrom, he:
Intimidating a victim or witness in the third degree is a class E felony.
A Native American is guilty of intimidating a victim or witness in the second degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:
Intimidating a victim or witness in the second degree is a class D felony.
A Native American is guilty of intimidating a victim or witness in the first degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:
Intimidating a victim or witness in the first degree is a class B felony.
A Native American is guilty of bribing a juror when he confers, or offers or agrees to confer, any benefit upon a juror upon an agreement or understanding that such juror"s vote, opinion, judgment, decision or other action as a juror will thereby be influenced. Bribing a juror is a class D felony.
A juror is guilty of bribe receiving by a juror when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, decision or other action as a juror will thereby be influenced. Bribe receiving by a juror is a class D felony.
A Native American is guilty of tampering with a juror in the second degree when, prior to discharge of the jury, he:
Tampering with a juror in the second degree is a class B misdemeanor.
A Native American is guilty of tampering with a juror in the first degree when, with intent to influence the outcome of an action or proceeding, he communicates with a juror in such action or proceeding, except as authorized by law. Tampering with a juror in the first degree is a class A misdemeanor.
A Native American is guilty of misconduct by a juror in the second degree when, in relation to an action or proceeding pending or about to be brought before him and prior to discharge, he accepts or agrees to accept any payment or benefit for himself or for a third person in consideration for supplying any information concerning such action or proceeding. Misconduct by a juror in the second degree is a violation.
A juror is guilty of misconduct by a juror in the first degree when, in relation to an action or proceeding pending or about to be brought before him, he agrees to give a vote, opinion, judgment, decision or report for or against any party to such action or proceeding. Misconduct by a juror in the first degree is a class A misdemeanor.
The following definitions are applicable to Section 694:
A Native American is guilty of tampering with physical evidence when:
Tampering with physical evidence is a class E felony.
1. A Native American is guilty of compounding a crime when:
2. In any prosecution under this section, it is an affirmative defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime. Compounding a crime is a class A misdemeanor.
A Native American is guilty of criminal contempt in the second degree when he engages in any of the following conduct:
Criminal contempt in the second degree is a class A misdemeanor.
A Native American is guilty of criminal contempt in the first degree when he contumaciously and unlawfully refuses to be sworn as a witness before a grand jury, or, when after having been sworn as a witness before a grand jury, he refuses to answer any legal and proper interrogatory. Criminal contempt in the first degree is a class E felony.
Adjudication for criminal contempt under subdivision A of section seven hundred fifty of the judiciary law shall not bar a prosecution for the crime of criminal contempt under Section 696 based upon the same conduct but, upon conviction thereunder, the court, in sentencing the defendant shall take the previous punishment into consideration.
A Native American is guilty of bail jumping in the third degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a criminal action or proceeding, and when he does not appear personally on the required date or voluntarily within thirty days thereafter. Bail jumping in the third degree is a class A misdemeanor.
A Native American is guilty of bail jumping in the second degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a charge against him of committing a felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter. Bail jumping in the second degree is a class E felony.
A Native American is guilty of bail jumping in the first degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with an indictment pending against him which charges him with the commission of a class A or class B felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter. Bail jumping in the first degree is a class D felony.
1. A Native American is guilty of failing to respond to an appearance ticket when, having been personally served with an appearance ticket, as defined in subdivision two, based upon his alleged commission of a crime, he does not appear personally in the court in which such appearance ticket is returnable on the return date thereof or voluntarily within thirty days thereafter. 2. As used in this section, an appearance ticket means a written notice, whether referred to as a summons or by any other name, issued by a police officer, peace officer or other non-judicial public servant authorized by law to issue the same, directing a designated person to appear in a designated court at a designated future time in connection with a criminal action to be instituted in such court with respect to his alleged commission of a designated offense. 3. This section does not apply to any case in which an alternative to response to an appearance ticket is authorized by law and the actor complies with such alternative procedure. Failing to respond to an appearance ticket is a violation.
In any prosecution for bail jumping or failing to respond to an appearance ticket, it is an affirmative defense that:
A public servant is guilty of unlawful disclosure of a criminal complaint when, except in the proper discharge of his official duties, he intentionally discloses the fact that a criminal complaint has been filed before the accused person is in custody. Unlawful disclosure of a criminal complaint is a class B misdemeanor.
Any defendant in a forfeiture action pursuant to article thirteen-A of the civil practice law and rules who knowingly and intentionally conceals, destroys, dissipates, alters, removes from the jurisdiction, or otherwise disposes of, property specified in a provisional remedy ordered by the court or in a judgment of forfeiture in knowing contempt of said order shall be guilty of a class A misdemeanor.
1. "Sell" means to sell, exchange, give or dispose of to another, or to offer or agree to do the same. 2. "Unlawfully" means in violation of article thirty-three of the New York public health law. 3. "Ounce" means an avoirdupois ounce as applied to solids or semi-solids, and a fluid ounce as applied to liquids. 4. "Pound" means an avoirdupois pound. 5. "Controlled substance'' means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the New York public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision five of section thirty-three hundred two of such law. 6. "Marihuana" means "marihuana" or ''concentrated cannabis" as those terms are defined in section thirty-three hundred two of the New York public health law. 7. "Narcotic drug" means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) other than methadone. 8. "Narcotic preparation" means any controlled substance listed in schedule III(d) or III(e). 9. "Hallucinogen" means any controlled substance listed in schedule I(d)(5), (18), (19), (20), (21) and (22). 10. "Hallucinogenic substance" means any controlled substance listed in schedule I(d) other than concentrated cannabis, lysergic acid diethylamide, or an hallucinogen . 11. "Stimulant" means any controlled substance listed in schedule I(f), II(d). 12. "Dangerous depressant" means any controlled substance listed in schedule I(e)(2), (3), II(e), III(3) or IV(c)(2) , (31), (32), (40). 13. "Depressant" means any controlled substance listed in schedule IV(c) except (c)(2), (31), (32), (40). 14. "School grounds" means in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or within one thousand feet of the real property boundary line comprising any such school. 15. "Prescription for a controlled substance" means a direction or authorization, by means of an official New York state prescription form, a written prescription form or an oral prescription, which will permit a person to lawfully obtain a controlled substance from any person authorized to dispense con trolled substances.
A Native American is guilty of criminal possession of a controlled substance in the seventh degree when he knowingly and unlawfully possesses a controlled substance. Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
A Native American is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:
Criminal possession of a controlled substance in the fifth degree is a class D felony.
A Native American is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:
Criminal possession of a controlled substance in the fourth degree is a class C felony.
A Native American is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:
Criminal possession of a controlled substance in the third degree is a class B felony.
A Native American is guilty of criminal possession of a controlled substance in the second degree when he knowingly and unlawfully possesses:
Criminal possession of a controlled substance in the second degree is a class A-II felony.
A Native American is guilty of criminal possession of a controlled substance in the first degree when he knowingly and unlawfully possesses:
Criminal possession of a controlled substance in the first degree is a class A-I felony.
1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (c) when the controlled substance is concealed upon the person of one of the occupants. 2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person.
A Native American is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance. Criminal sale of a controlled substance in the fifth degree is a class D felony.
A Native American is guilty of criminal sale of a controlled substance in the fourth degree when he knowingly and unlawfully sells:
Criminal sale of a controlled substance in the fourth degree is a class C felony.
A Native American is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells:
Criminal sale of a controlled substance in the third degree is a class B felony.
A Native American is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:
Criminal sale of a controlled substance in the second degree is a class A-II felony.
A Native American is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells:
Criminal sale of a controlled substance in the first degree is a class A-I felony.
A Native American is guilty of criminal sale of a controlled substance in or near school grounds when he knowingly and unlawfully sells:
Criminal sale of a controlled substance in or near school grounds is a class B felony.
A Native American is guilty of criminally possessing a hypodermic instrument when he knowingly and unlawfully possesses or sells a hypodermic syringe or hypodermic needle. Criminally possessing a hypodermic instrument is a class A misdemeanor.
A Native American is guilty of criminal injection of a narcotic drug when he knowingly and unlawfully possesses a narcotic drug and he intentionally injects by means of a hypodermic syringe or hypodermic needle all or any portion of that drug into the body of another person with the latter's consent. Criminal injection of a narcotic drug is a class E felony.
A Native American is guilty of criminally using drug paraphernalia in the second degree when he knowingly possesses or sells:
Criminally using drug paraphernalia in the second degree is a class A misdemeanor.
A Native American is guilty of criminally using drug paraphernalia in the first degree when he commits the crime of criminally using drug paraphernalia in the second degree and he has previously been convicted of criminally using drug paraphernalia in the second degree. Criminally using drug paraphernalia in the first degree is a class D felony.
A Native American is guilty of criminal possession of precursors of controlled substances when, with intent to manufacture a controlled substance unlawfully, he possesses at the same time:
Criminal possession of precursor of controlled substances is a class E felony.
A Native American is guilty of criminal sale of a prescription for a controlled substance when, being a practitioner, as that term is defined in section thirty-three hundred two of the public health law, he knowingly and unlawfully sells a prescription for a controlled substance. For the purposes of this section, a person sells a prescription for a controlled substance unlawfully when he does so other than in good faith in the course of his professional practice. Criminal sale of a prescription is a class C felony.
Unless the context in which they are used clearly otherwise requires, the terms occurring in this article shall have the same meaning ascribed to them in section 706 of this Code.
A Native American is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this Code or section 706, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.
A Native American is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
A Native American is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances of an aggregate weight of more than two ounces containing marihuana. Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
A Native American is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances of an aggregate weight of more than eight ounces containing marihuana. Criminal possession of marihuana in the third degree is a class E felony.
A Native American is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances of an aggregate weight of more than sixteen ounces containing marihuana. Criminal possession of marihuana in the second degree is a class D felony.
A Native American is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances of an aggregate weight of more than ten pounds containing marihuana. Criminal possession of marihuana in the first degree is a class C felony.
A Native American is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances of an aggregate weight of two grams or less containing marihuana or one cigarette containing marihuana . Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
A Native American is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 733 of this Code. Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
A Native American is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances of an aggregate weight of more than twenty-five grams containing marihuana. Criminal sale of marihuana in the third degree is a class E felony.
A Native American is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances of an aggregate weight of more than four ounces containing marihuana or sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age. Criminal sale of marihuana in the second degree is a class D felony.
A Native American is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances of an aggregate weight of more than sixteen ounces containing marihuana. Criminal sale of marihuana in the first degree is a class C felony.
The following definitions are applicable to this article:
Sections 738 through and including 747 shall not apply to any activities of the Turning Stone Casino or operations or any other Nation Enterprise relating to bingo or gambling, or any activities authorized by the Compact between the Nation and the State of New York.
A Native American is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity. Promoting gambling in the second degree is a class A misdemeanor.
A Native American is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:
Promoting gambling in the first degree is a class E felony.
A Native American is guilty of possession of gambling records in the second degree when, with knowledge of the contents or nature thereof, he possesses any writing, paper, instrument or article:
Possession of gambling records in the second degree is a class A misdemeanor.
A Native American is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:
Possession of gambling records in the first degree is a class E felony.
In any prosecution for possession of gambling records, it is a defense that the writing, paper, instrument or article possessed by t |