The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 220
INCOME TAX CODE

View Entire Chapter

F.S. 220.16

220.16 Allocation of nonbusiness income.—Nonbusiness income shall be allocated as follows:

(1)(a) Net rents and royalties from real property located in this state are allocable to this state.

(b) Net rents and royalties from tangible personal property are allocable to this state:

1. If, and to the extent that, the property is utilized in this state; or

2. In their entirety, if the taxpayer’s commercial domicile is in this state and the taxpayer is not organized under the laws of, or taxable in, the state in which the property is utilized.

(c) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of the physical location of the property in the state during the rental or royalty period in the income year and the denominator of which is the number of days of the physical location of the property everywhere during all rental or royalty periods in the income year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, the tangible personal property is deemed to be utilized in the state in which the property was located at the time the rental or royalty payor obtained possession of the property.

(2)(a) Capital gains and losses from sales of real property located in this state are allocable to this state.

(b) Capital gains and losses from sales of tangible personal property are allocable to this state if:

1. The property had a situs in this state at the time of the sale; or

2. The taxpayer’s commercial domicile is in this state, and the taxpayer is not taxable in the state in which the property had a situs.

(c) Capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer’s commercial domicile is in this state.

(3) Interest and dividends are allocable to this state if the taxpayer’s commercial domicile is in this state.

(4)(a) Patent and copyright royalties are allocable to this state:

1. If, and to the extent that, the patent or copyright is utilized by the payor in this state; or

2. If, and to the extent that, the patent or copyright is utilized by the payor in a state in which the taxpayer is not taxable and the taxpayer’s commercial domicile is in this state.

(b) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer’s commercial domicile is located.

(c) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer’s commercial domicile is located.

History.—s. 8, ch. 83-349; s. 14, ch. 2011-76; s. 23, ch. 2023-173.

F.S. 220.16 on Google Scholar

F.S. 220.16 on Casetext

Amendments to 220.16

Arrestable Offenses / Crimes under Fla. Stat. 220.16

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 220.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TORRES, v. O MEARA,, 353 F. Supp. 3d 180 (N.D.N.Y. 2019)

. . . Penal Law § 220.16(1) ). . . .

GUILLEN, v. U. S. ATTORNEY GENERAL,, 910 F.3d 1174 (11th Cir. 2018)

. . . Penal Law § 220.16 (McKinney). . . .

UNITED STATES v. CAMPBELL,, 342 F. Supp. 3d 375 (W.D.N.Y. 2018)

. . . State Police arrested the defendant and charged him with two (2) counts of violating NYS Penal Law 220.16 . . . Violation No. 1 alleges that Defendant violated New York State Penal Law § 220.16(1), which provides . . . CJI2d[NY] Penal Law § 220.16(1), available at http://www.nvcourts.gov/judges/cji/2-PenalLaw/220/220-06% . . .

UNITED STATES v. WHITE,, 312 F. Supp. 3d 355 (E.D.N.Y. 2018)

. . . Penal Law § 220.16(1), for which he was sentenced to one year of imprisonment; (2) Defendant's February . . . Penal Law § 220.16(1), for which he was sentenced to one year of imprisonment; and (3) Defendant's March . . . Penal Law § 220.16(1) -which requires the intent to sell as an element of the offense, see, e.g., People . . . Penal Law § 220.16(1). The Court disagrees. . . .

HEREDIA, a k a a k a v. B. SESSIONS III,, 865 F.3d 60 (2d Cir. 2017)

. . . 2010, he was convicted of criminal possession of a narcotic (cocaine) with intent to sell under NYPL § 220.16 . . . conviction and Gomez pled guilty to possession of a narcotic substance of one half ounce or more, NYPL § 220.16 . . .

HARBIN, v. B. SESSIONS, III,, 860 F.3d 58 (2d Cir. 2017)

. . . Several cases in the Appellate Division have considered NYPL § 220.16(1), a statute comparable to NYPL . . . NYPL § 220.16(1). . . . Penal Law § 220.16(1) does not distinguish between the types of narcotics possessed, but treats all drugs . . . A conclusion that NYPL § 220.16(1) “treats all drugs classified as narcotics interchangeably” suggests . . .

HEREDIA, v. SHANAHAN, U. S. U. S. F. U. S. U. S., 245 F. Supp. 3d 521 (S.D.N.Y. 2017)

. . . for selling cocaine to an undercover police officer and, in 2010, he pled guilty to violating NYPL § 220.16 . . . conviction, which was granted in 2016; subsequently, he agreed to instead plead guilty to violation NYPL § 220.16 . . . Section 220.16(12) is a possession offense and is not an “aggravated felony” within the scope of 8 U.S.C . . .

DIOGENES ANTONIO ESPINAL ESPINAL, v. LYNCH,, 665 F. App'x 65 (2d Cir. 2016)

. . . approach to determine that a drug trafficking offense under New York Penal Law (“NYPL”) §§ 110 and 220.16 . . . His conviction for attempted criminal possession of cocaine with intent to sell under NYPL §§ 110 and 220.16 . . . Fed.Appx. 65, 66-67 (2d Cir. 2008) (summary order) (finding that a conviction under NYPL §§ 110 and 220.16 . . . Accordingly, any conviction under NYPL §§ 110 and 220.16 categorically constitutes an aggravated felony . . . Moncñeffe does not aid Espinal because NYPL § 220.16 criminalizes the knowing and unlawful possession . . .

LUGO, v. U. S. DEPARTMENT OF JUSTICE,, 214 F. Supp. 3d 32 (D.D.C. 2016)

. . . Penal Law §§ 105.15, 220.16. He was set to become eligible for parole on November 11, 2005. . . .

LORA, v. SHANAHAN, U. S. U. S. S. U. S. U. S. E. U. S., 804 F.3d 601 (2d Cir. 2015)

. . . of one ounce or more, and criminal use of drug paraphernalia in violation of New York Penal Law §§ 220.16 . . . Penal Law § 220.16(12) and does not qualify as an aggravated felony for immigration purposes under 8 . . .

UNITED STATES v. ARIAS- UCETA,, 622 F. App'x 871 (11th Cir. 2015)

. . . PL 110-220.16 01 CF (dangerous drug)” which involves “criminal possession of a controlled substance in . . .

LUGO, v. D. HUDSON,, 785 F.3d 852 (2d Cir. 2015)

. . . Penal Law § 220.16, and conspiracy, under N.Y. Penal Law § 105.15. . . .

GREEN, v. CITY OF MOUNT VERNON,, 96 F. Supp. 3d 263 (S.D.N.Y. 2015)

. . . Penal Law § 220.16 in three cases — including five arrests in one case. (Id.) . . . Penal Law § 220.16 in three cases— including five arrests in one ease. (Id.) . . .

O. GAYLE, v. JOHNSON,, 81 F. Supp. 3d 371 (D.N.J. 2015)

. . . a controlled substance with the intent to sell in the third degree under New York State Penal Law § 220.16 . . .

CLARKE, AXXXXXXXXX v. PHILLIPS,, 17 F. Supp. 3d 254 (W.D.N.Y. 2014)

. . . Controlled Substance with Intent to Sell (cocaine), in violation of New York State Penal Law Section 110-220.16 . . .

LORA, v. SHANAHAN,, 15 F. Supp. 3d 478 (S.D.N.Y. 2014)

. . . Penal Law § 220.16(12). . . . .

O. GAYLE, v. JOHNSON,, 4 F. Supp. 3d 692 (D.N.J. 2014)

. . . a controlled substance with the intent to sell in the third degree under New York State Penal Law § 220.16 . . .

CONTANT, v. SABOL, A., 987 F. Supp. 2d 323 (S.D.N.Y. 2013)

. . . that it weighed in excess of one half-ounce, as required for conviction under New York Penal Law § 220.16 . . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . . that it weighed in excess of one half-ounce, as required for conviction under- New York Penal Law § 220.16 . . . Penal Law § 220.16(12). Cocaine is a "narcotic drug.” . . .

CARDOZA, v. ROCK, T., 731 F.3d 169 (2d Cir. 2013)

. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law § 220.16 . . .

GONZALEZ, v. CITY OF SCHENECTADY, 728 F.3d 149 (2d Cir. 2013)

. . . Penal Law § 220.16(1). . . .

WADDLINGTON, v. CITY OF NEW YORK,, 971 F. Supp. 2d 286 (E.D.N.Y. 2013)

. . . . §§ 220.16(1), 265.03(3), 265.02(5), 220.50(3), and 221.10(1) (respectively). . . . Penal L. §§ 220.16(1), 265.03(3), 220.03, 220.50(3), 221.15, 265.01(1), 221.10(2), 221.05 (respectively . . .

ROMERO, v. UNITED STATES, 933 F. Supp. 2d 528 (S.D.N.Y. 2013)

. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law 220.16 . . . July 03, 2008) (discussing § 220.16). . . .

UNITED STATES v. CASTILLO- MARIN,, 684 F.3d 914 (9th Cir. 2012)

. . . PL 110-220.16 01 CF.” Id. . . . notation established that the defendant was convicted under subsection (1) of New York Penal Law § 220.16 . . . On appeal, it was uncontested that, if the defendant in fact had been convicted under § 220.16(1), the . . . Second Circuit, in Michael Green, concluded that the certificate’s “reference to subsection (1) of § 220.16 . . .

UNITED STATES v. SUM OF UNITED STATES CURRENCY SEIZED FROM CITIZEN S BANK ACCOUNT, 858 F. Supp. 2d 246 (W.D.N.Y. 2012)

. . . Penal Code § 220.16(1). . . .

UNITED STATES v. ROMAN,, 464 F. App'x 32 (2d Cir. 2012)

. . . And the 2002 New York conviction for violation of New York Penal Law § 220.16(1) plainly qualifies as . . .

UNITED STATES v. DILLARD,, 422 F. App'x 551 (8th Cir. 2011)

. . . . § 220.16. . . .

UNITED STATES v. REAL PROPERTY AND PREMISES KNOWN AS STREET, HOLLIS, NEW YORK,, 775 F. Supp. 2d 545 (E.D.N.Y. 2011)

. . . Criminal Possession of a Controlled Substance in the Third Degree in violation of New York Penal Law § 220.16 . . .

ANDREWS, v. J. LeCLAIRE, Jr., 709 F. Supp. 2d 269 (S.D.N.Y. 2010)

. . . Penal Law § 220.16). Pet. at 1. . . . Penal Law § 220.16), and two counts of Criminal Possession of a Controlled Substance in the Seventh Degree . . .

VASQUEZ, v. ATTORNEY GENERAL OF UNITED STATES,, 377 F. App'x 245 (3d Cir. 2010)

. . . criminal possession of a controlled substance in the third degree in violation of New York Penal Law 220.16 . . .

OLBA, v. M. UNGER,, 637 F. Supp. 2d 201 (S.D.N.Y. 2009)

. . . County, of Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Law § 220.16 . . . New York Penal Law § 220.16(1). . . .

NEVINS, v. GIAMBRUNO,, 596 F. Supp. 2d 728 (W.D.N.Y. 2009)

. . . Penal Law § 220.16(1), (12)), Resisting Arrest (N.Y. . . . Penal Law § 220.16(12). . . . Penal Law § 220.16(12). . . . .

HARRIS, v. B. ALEXANDER, M., 548 F.3d 200 (2d Cir. 2008)

. . . Penal Law § 220.16(1). . . . Penal Law § 220.16(1). The evidence at trial was as follows. . . .

UNITED STATES v. POSEY, v. O a k a v. a k a v. v. a k a, 294 F. App'x 765 (4th Cir. 2008)

. . . Penal Law § 220.16 (McKinney 1999), a person is guilty of possession in the third degree when they unlawfully . . .

UNITED STATES v. DARDEN, v. v. A. v., 539 F.3d 116 (2d Cir. 2008)

. . . Penal Law § 220.16(1) (“New York Class C attempted drug sale felony”). 3. . . . substances, of a statutorily specified weight and type class, in violation of New York Penal Law § 220.16 . . .

MASSILLON, v. CONWAY, M., 574 F. Supp. 2d 381 (S.D.N.Y. 2008)

. . . Penal Law § 220.16(1), for which Petitioner was sentenced to a prison term of four and one-half years . . .

UNITED STATES v. K. YOUNG,, 283 F. App'x 858 (2d Cir. 2008)

. . . Criminal Possession of a Controlled Substance in the Third Degree, in violation of New York Penal Law [§ ] 220.16 . . . records on file [with the Court]” indicates that Young was convicted of violating New York Penal Law § 220.16 . . . Penal Law § 220.16(1) provides that ‘‘[a] person is guilty of criminal possession of a controlled substance . . .

PENA, v. B. MUKASEY,, 275 F. App'x 65 (2d Cir. 2008)

. . . Penal Law §§ 220.16 and 110.00 constitutes conviction for a “serious drug offense[ ] ... involving the . . . Penal Law §§ 220.16 and 110.00, the New York statutes under which Pena was convicted, would also be punishable . . .

RUIZ, v. B. MUKASEY,, 272 F. App'x 107 (2d Cir. 2008)

. . . .) § 220.16; • one count of criminal possession of a controlled substance in the fifth degree, when he . . .

DRAKES, v. ATTORNEY GENERAL OF UNITED STATES, 266 F. App'x 184 (3d Cir. 2008)

. . . criminal possession of crack cocaine with intent to sell, in violation of New York State Penal Law 220.16 . . . Substance in the Third Degree with Intent to Sell, to wit: Crack Cocaine; in violation of Section 110/220.16 . . . was convicted of “Attempted Criminal Possession of a Controlled Substance in the 3rd Degree, PL 110-220.16 . . .

UNITED STATES v. GARDNER,, 534 F. Supp. 2d 655 (W.D. Va. 2008)

. . . Penal Law §§ 110.00, 220.16 (2008). . . .

UNITED STATES v. JIMENEZ,, 512 F.3d 1 (1st Cir. 2007)

. . . Penal Law § 220.16, a statute that criminalizes, inter alia, knowing and unlawful possession of a stimulant . . .

GRAY, v. D. KEISLER, t, 253 F. App'x 78 (2d Cir. 2007)

. . . . § 220.16(1) (McKinney 2000). . . . Penal L. §§ 220.16(1) and 110, the New York statutes under which petitioner was convicted, would also . . .

MARTINEZ, v. ATTORNEY GENERAL OF UNITED STATES,, 252 F. App'x 463 (3d Cir. 2007)

. . . he was convicted in New York for possession of cocaine in the third degree in violation of Section 220.16 . . .

UNITED STATES v. BROWN, a k a, 500 F.3d 48 (1st Cir. 2007)

. . . Penal Law §§ 110.00, 220.16. . . .

UNITED STATES v. ORTIZ,, 499 F. Supp. 2d 224 (E.D.N.Y. 2007)

. . . Indeed, Morales was arrested for violating New York Penal Law § 220.16 (criminal possession of a controlled . . .

HERNANDEZ, v. CONWAY,, 485 F. Supp. 2d 266 (W.D.N.Y. 2007)

. . . Penal Law 220.16(1)) on March 2, 2000; • Count Eight: Criminally Using Drug Paraphernalia (glassine envelopes . . . Penal Law § 220.16(1)) on April 6, 2000. . . . Penal Law § 220.16(1). . . .

St. HILL, v. GONZALES, BICE, 225 F. App'x 76 (3d Cir. 2007)

. . . unlawful possession of a controlled substance in the third degree under New York State Penal Law § 220.16 . . . unlawful possession of a controlled substance in the third degree under New York State Penal Law § 220.16 . . .

UNITED STATES v. GREEN,, 480 F.3d 627 (2d Cir. 2007)

. . . The State Court Record as to the Nature of Green’s Conviction Section 220.16 of the New York Penal Law . . . Penal Law §§ 220.16(1) and (12) (McKinney 1987). . . . The Commitment Order does not mention § 220.16 in haec verba, nor, perforce, any of its subsections. . . . Although Green and the government stipulated that the notation “PL 110— 220.16 01” in the Certificate . . . of Disposition is a reference to subsection (1) of § 220.16, Green contended that that reference was . . .

ESCOBAR, A. v. ATTORNEY GENERAL OF UNITED STATES,, 221 F. App'x 85 (3d Cir. 2007)

. . . new decision, stating that Escobar had been convicted of a violation of New York State Penal Law § 220.16 . . . The BIA noted that 220.16(1) provides that “[a] person is guilty of criminal possession of a controlled . . . Because we disagree with the BIA’s finding that Escobar was convicted under subsection (1) of § 220.16 . . . The document does not, however, designate any particular subsection of 220.16, nor does it state that . . . Penal Law 220.16, "Criminal possession of a controlled substance in the third degree is a class B felony . . .

CATO, v. SUPERINTENDENT OF GROVELAND CORRECTIONAL FACILITY,, 463 F. Supp. 2d 367 (W.D.N.Y. 2006)

. . . Penal Law §§ 220.16, 220.39. . . .

DAY, v. TAYLOR, G. C. F., 459 F. Supp. 2d 252 (S.D.N.Y. 2006)

. . . Penal Law §§ 220.16(1), 220.09(1). . . .

UNITED STATES v. HAMMONS,, 438 F. Supp. 2d 125 (E.D.N.Y. 2006)

. . . Penal Law § 220.16(1). . . .

CARTER, v. K. PERLMAN,, 425 F. Supp. 2d 343 (E.D.N.Y. 2006)

. . . counts of Criminal Sale of a Controlled Substance in the Third Degree pursuant to New York Penal Law § 220.16 . . .

HERNANDEZ, v. R. GONZALES,, 437 F.3d 341 (3d Cir. 2006)

. . . possession of a controlled substance (cocaine) in the third degree in violation of New York Penal Law § 220.16 . . .

BROWN, v. DONNELLY,, 371 F. Supp. 2d 332 (W.D.N.Y. 2005)

. . . Penal Law § 220.16(1)) which alleged the possession of a narcotic drug with intent to sell. . . . Penal Law § 220.16(2) (possession of one or more preparations, compounds, mixtures or substances containing . . . Penal Law § 220.16), a class B felony under New York law. . . .

UNITED STATES v. D. POWELL,, 404 F.3d 678 (2d Cir. 2005)

. . . Penal Law § 220.16 — once after being arrested in New York City on February 4, 1990, and then again after . . .

SANTOS- SALAZAR, v. UNITED STATES DEPARTMENT OF JUSTICE,, 400 F.3d 99 (2d Cir. 2005)

. . . Penal Law § 220.16 (McKinney 2000). . . .

ARCHIE, v. STRACK,, 378 F. Supp. 2d 195 (W.D.N.Y. 2005)

. . . Penal Law § 220.16(1)) and two counts of criminal sale of a controlled substance in the third degree . . .

UNITED STATES v. BROWN,, 97 F. App'x 348 (2d Cir. 2004)

. . . Penal Law § 220.16, an offense for which Brown was sentenced to one-to-three years’ imprisonment. . . . Brown concedes his § 220.16 conviction and receipt of a sentence exceeding 13 months. . . . which he was convicted, and because intent to distribute is not an element of every subsection of § 220.16 . . . Ramirez, 344 F.3d 247, 253-54 (2d Cir.2003), the district court erred in concluding that his § 220.16 . . . Given that Brown admits to having pleaded guilty to -violating § 220.16, and that the only § 220.16 charge . . .

CHALAS- ZAPATA, v. U. S. ASHCROFT, INS, 305 F. Supp. 2d 333 (S.D.N.Y. 2004)

. . . Penal Law § 220.16. (Petition, ¶ 3). He was sentenced to seven years to life in state prison. . . .

CABRERA, v. HERBERT,, 386 F. Supp. 2d 137 (W.D.N.Y. 2004)

. . . . § 220.16(1). Petitioner was arraigned before the Honorable Charles F. . . .

ANDERSON, v. MILLER,, 346 F.3d 315 (2d Cir. 2003)

. . . Penal Law § 220.16[1] (“the second count”); and (3) one count of Criminal Possession of a Controlled . . .

UNITED STATES v. A. RAMIREZ,, 344 F.3d 247 (2d Cir. 2003)

. . . Penal Law § 220.16(12) (McKinney 1998), for which crimes he received concurrent sentences of one-to-three . . . Penal Law § 220.16(12), the statute pursuant to which Ramirez was convicted, makes it a class B felony . . .

CARBAJAL, v. COUNTY OF NASSAU, s s M. D., 271 F. Supp. 2d 415 (E.D.N.Y. 2003)

. . . arrested the plaintiff for the Drug Sale and charged him with violations of New York State Penal Law §§ 220.16 . . .

MITCHELL, v. HARTNETT, 262 F. Supp. 2d 153 (S.D.N.Y. 2003)

. . . Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Laws §§ 220.39(1) and 220.16 . . .

UNITED STATES v. KING,, 325 F.3d 110 (2d Cir. 2003)

. . . Penal Law § 220.16(1) (McKinney 1992) was not for “a serious drug offense” within the meaning of § 924 . . . Penal Law § 220.16(1) was a serious drug offense, all within the meaning of 18 U.S.C. § 924(e)(1), the . . . Penal Law § 220.16(1). . . . , we conclude that King’s conviction was properly interpreted as one for attempt to violate 220.16(1) . . . Penal Law § 220.16(1) has as an element the intent to sell; the third-degree possession count of the . . .

CUMMINGS, v. ARTUZ,, 237 F. Supp. 2d 475 (S.D.N.Y. 2002)

. . . criminal sale of a controlled substance in or near school grounds, in violation, respectively, of Sections 220.16 . . .

SMITH, v. LORD,, 230 F. Supp. 2d 288 (E.D.N.Y. 2002)

. . . felonies) and two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 . . .

OVERTON, v. NEWTON,, 295 F.3d 270 (2d Cir. 2002)

. . . Penal Law § 220.16[1], and criminal possession of a controlled substance in the seventh degree, in violation . . .

WARREN, v. R. KELLY,, 207 F. Supp. 2d 6 (E.D.N.Y. 2002)

. . . Penal Law § 220.16(1)), three counts of Criminal Possession of a Controlled Substance in the Fourth Degree . . .

SANTOS, v. ZON,, 206 F. Supp. 2d 585 (S.D.N.Y. 2002)

. . . state-court conviction of criminal possession of. a controlled substance, violating New York Penal Law § 220.16 . . .

P. DIXON, v. J. MILLER,, 293 F.3d 74 (2d Cir. 2002)

. . . Penal Law § 220.16[1], in relation to the November 30, 1977 events and to Bail Jumping in the First Degree . . .

ARROYO, v. A. SENKOWSKI,, 36 F. App'x 660 (2d Cir. 2002)

. . . Penal Law § 220.16(1). . . .

UNITED STATES v. CLARK,, 28 F. App'x 34 (2d Cir. 2001)

. . . controlled substance in the third degree, which is a felony drug offense under New York Penal Law § 220.16 . . .

DURANT, v. STRACK,, 151 F. Supp. 2d 226 (E.D.N.Y. 2001)

. . . Penal Law §§ 220.16[1] and 220.03). . . .

OVERTON, v. NEWTON,, 146 F. Supp. 2d 267 (E.D.N.Y. 2001)

. . . Law § 220.39[1]), Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . .

UNITED STATES v. REYNOLDS,, 171 F. Supp. 2d 157 (S.D.N.Y. 2001)

. . . Penal Law § 220.16. See 18 U.S.C. § 922(g)(1). I write to explain Defendant Reynolds’ sentence. . . .

UNITED STATES v. C. THOMAS,, 13 F. App'x 233 (6th Cir. 2001)

. . . PENAL LAW § 220.16(1) (1980); N.Y. PENAL LAW § 110.05(5) (1975). . . .

CADILLA, v. JOHNSON,, 119 F. Supp. 2d 366 (S.D.N.Y. 2000)

. . . Criminal Possession of a Controlled Substance in the third degree, in violation of New York Penal Law § 220.16 . . .

UNITED STATES v. M. HERNANDEZ,, 218 F.3d 272 (3d Cir. 2000)

. . . guilty to Indictment Numbers 3356-83 and 7203-89, the defendant admitted guilt to New York Penal Law § 220.16 . . . that the defendant was convicted of “CPCS3,” which appears to be a short form for New York Penal Law § 220.16 . . . If the judgments show that the defendant was convicted of section 220.16(1), then the defendant may be . . . New York Penal Law § 220.16 (McKinney 1999) (emphasis added). . . . . New York Penal Law § 220.16 is entitled Criminal Possession of a Controlled substance in the Third Degree . . .

COLEMAN, B- v. L. HOLLINS,, 79 F. Supp. 2d 281 (W.D.N.Y. 2000)

. . . See N.Y.Penal Law § 220.16. That same day, the Honorable Stephen R. . . .

WARREN, v. MILLER,, 78 F. Supp. 2d 120 (E.D.N.Y. 2000)

. . . and one count of Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . .

BRUNDIDGE, v. CITY OF BUFFALO R. L. D. H. J., 79 F. Supp. 2d 219 (W.D.N.Y. 1999)

. . . 220.39) and Criminal Possession of a Controlled Substance in the Third Degree (New York Penal Law § 220.16 . . .

DIXON, v. J. MILLER,, 56 F. Supp. 2d 289 (E.D.N.Y. 1999)

. . . Penal Law § 220.16[1]), Criminal Possession of a Controlled Substance in the Fifth Degree (N.Y. . . . Penal Law § 220.16[1]) relating to the November 30, 1977 transaction, and to Bail Jumping in the First . . .

DAVIS, v. B. JOHNSON,, 49 F. Supp. 2d 160 (W.D.N.Y. 1999)

. . . cocaine (N.Y.Penal Law § 220.39(1)) and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16 . . . of cocaine (N.Y.Penal Law § 220.39(1)), third degree criminal possession of cocaine (N.Y.Penal Law § 220.16 . . . (1)), and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16(12)) arising from petitioner . . . (1)), and seventh degree criminal possession of cocaine (N.Y.Penal Law § 220.16(1)) arising from the . . . (1)), and third degree criminal possession of cocaine (N.Y.Penal Law § 220.16(12)) for the events of . . .

B. RAYNOR, v. DUFRAIN,, 28 F. Supp. 2d 896 (S.D.N.Y. 1998)

. . . on four counts of Criminal Possession of a Controlled Substance in the Third Degree, N.Y.Penal Law § 220.16 . . .

ATKINS, v. L. MILLER,, 18 F. Supp. 2d 314 (S.D.N.Y. 1998)

. . . Possession of a Controlled Substance in the Third Degree in violation of New York Penal Law §§ 220.39L1] and 220.16 . . .

UNITED STATES v. FERMIN- RODRIGUEZ,, 5 F. Supp. 2d 157 (S.D.N.Y. 1998)

. . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . .

RASHID a k a v. H. KHULMANN,, 991 F. Supp. 254 (S.D.N.Y. 1998)

. . . Penal Law § 220.16(1)), and three counts of Criminal Possession of' a Controlled Substance in the Third . . . Penal Law § 220.16(1)). . . .

ROBINSON, v. WARDEN JAMES A. THOMAS CENTER,, 984 F. Supp. 801 (S.D.N.Y. 1997)

. . . criminal possession of a controlled substance in the third degree, in violation of New York Penal Law § 220.16 . . . Robinson’s second habeas claim contends that his intent to sell drugs, a requisite element of NYPL § 220.16 . . . NYPL § 220.16(1) stales: "A person is guilty of criminal possession of a controlled substance in the . . .

MARTUZAS, v. REYNOLDS,, 983 F. Supp. 87 (N.D.N.Y. 1997)

. . . Penal Law §§ 220.16 & .39 (McKinney Supp.1997). . . .

SIMMS, L. v. VILLAGE OF ALBION, NEW YORK, 115 F.3d 1098 (2d Cir. 1997)

. . . . § 220.16. Smith pleaded guilty pursuant to a plea agreement, and Simms went to trial. . . .

G. BISSELL, Jr. v. MERRILL LYNCH CO. INC., 937 F. Supp. 237 (S.D.N.Y. 1996)

. . . . § 220.16. . . .

AYALA, v. SPECKARD,, 89 F.3d 91 (2d Cir. 1996)

. . . Penal Law § 220.16[1] (McKinney Supp.1996), and criminal possession of a controlled substance in the . . .

LEVITIN, On v. PAINEWEBBER, INC., 933 F. Supp. 325 (S.D.N.Y. 1996)

. . . . § 220.16. . . .

WALLACE, v. W. ROCHE, D. J. M. V. D., 921 F. Supp. 946 (E.D.N.Y. 1996)

. . . crime of Criminal Possession of a Controlled Substance in the Third Degree, in violation of Section 220.16 . . .

UNITED STATES v. PEARSON,, 77 F.3d 675 (2d Cir. 1996)

. . . . §§ 220.09, 220.16. . . .

BEVERLY, v. WALKER,, 899 F. Supp. 900 (N.D.N.Y. 1995)

. . . Penal Law §§ 220.39, 220.16 and 220.03; see also Rice v. . . .

MARTINEZ, v. REYNOLDS,, 888 F. Supp. 459 (E.D.N.Y. 1995)

. . . , four counts of Criminal Possession of a Controlled Substance in the Third Degree (N.Y.Penal Law § 220.16 . . . See N.Y.Penal Law §§ 220.09, 220.16, 220.18 (McKinney 1989). . . .

WILLIAMS, v. BARTLETT, R., 44 F.3d 95 (2d Cir. 1994)

. . . criminal possession of a controlled substance in the third degree, in violation of N.Y.Penal Law § 220.16 . . .