People v. Ryan

82 N.Y.2d 497, 626 N.E.2d 51 (1993)

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Nature of the Case

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Facts

Ryan (D) asked Hopkins to order and receive a shipment of hallucinogenic mushrooms on D's behalf. The police were tipped off and delivered the package to Hopkins. They arrested him when he signed for it. Hopkins said that the package was for D and cooperated with the police by delivering a substitute package to D, who was then arrested. The police chemist testified that the total weight of the mushrooms in the package was about two pounds and contained more than 625 milligrams of the hallucinogen, psilocybin. The court denied D's motion to dismiss for insufficient proof that he knew of the level of psilocybin in the mushrooms. D was convicted of attempted second-degree possession and sentenced to ten years to life because it was his second felony. The appellate division affirmed. D appealed.