Main Content
People v. Ryan
We have already read Ryan on the issue of whether the term knowingly, appearing early in the statute, applies to the later element of weight. The court held, of course, that it does. Feel free to briefly review the reasons from the excerpt of Ryan earlier in the book.
Below, we read the rest of Ryan, which discusses how to prove a defendant knew the drugs he possessed weighed more than the statutory amount. Pay particular attention to the distinction between pure and aggregate weight, and how a prosecutor can prove knowledge for each. For pure weight cases, ask yourself whether the court is really applying knowledge after all.
Finally, you will see that the New York legislature subsequently amended the Ryan holding. Take a look at that statute and determine exactly what and how the new law alters Ryan. Does it overrule it entirely or partially?
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.