People v. Ryan, 82 N.Y.2d 497 (1993) p257.

• October 1990, D asked a friend to order and receive a shipment of mushrooms on his behalf.
• Penal law makes it a felony to "knowingly and unlawfully possess six hundred twenty five milligrams of a hallucinogen.

D was indicted for attempted criminal possession of a controlled substance in the second degree. D moved to dismiss for insufficient proof that he knew the level of psilocybin in the mushrooms. Motion was denied and D was convicted as charged.

The question of statutory interpretation is whether "knowingly" applies to the weight of the controlled substance.

Legislative intent must be clearly indicated.

There was insufficient evidence to satisfy the knowledge requirement within the meaning of the statute. Conviction reversed.

Role is to interpret intention of legislature. There was no clear legislative intent to make the weight of a drug a strict liability element. There is a mens rea element associated with the weight of the drug. Legislative intent must be clearly indicated.