In order to convict defendant of criminal sale of a controlled substance in or near school grounds (Penal Law § 220.44), the People were not required to prove that defendant knew that his sale of methadone took place upon school grounds, as defined in Penal Law § 220.00 (14), and the court properly refused to grant defendant's request to instruct the jury that such knowledge was an element of the crime. The "school grounds" element is clearly an aggravating factor...
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