Defendant's 2008 drug conviction under a Florida statute (Fla Stat Ann § 893.13 [1] [a]) that, unlike New York law, contains no element of knowledge that the item at issue was, in fact, the controlled substance the defendant is charged with selling or possessing, did not qualify as a predicate felony conviction. The absence of a scienter element comparable to New York's requirement is clear from both the plain language of the statute and its interpretation by Florida...
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