People v. Barnes

Tom, J. (dissenting in part).

I disagree with the majority and would modify the judgment of the trial court.

In People v Ryan (82 NY2d 497), the Court of Appeals held that if a single mens rea is set forth in a criminal statute, it applies to all elements of the offense contained therein. Applying the foregoing to Penal Law § 220.18 (5) (criminal possession of a controlled substance in the second degree), the Court concluded that the weight of the controlled substance is not a strict liability element and, therefore, it is incumbent upon the People to prove that the defendant knowingly…