2006 New York Code - Criminal Sale Of A Controlled Substance In The Fourth Degree.

 
  § 220.34 Criminal sale of a controlled substance in the fourth degree.
    A  person  is guilty of criminal sale of a controlled substance in the
  fourth degree when he knowingly and unlawfully sells:
    1. a narcotic preparation; or
    2. a dangerous depressant or a depressant and the dangerous depressant
  weighs ten ounces or more, or the depressant weighs two pounds or  more;
  or
    3.  concentrated  cannabis  as defined in paragraph (a) of subdivision
  four of section thirty-three hundred two of the public health law; or
    4. phencyclidine and the  phencyclidine  weighs  fifty  milligrams  or
  more; or
    5. methadone; or
    6. any amount of phencyclidine and has previously been convicted of an
  offense  defined  in this article or the attempt or conspiracy to commit
  any such offense; or
    6-a. ketamine and said ketamine weighs  four  thousand  milligrams  or
  more.
    7.  a  controlled  substance  in  violation  of section 220.31 of this
  article, when such sale takes place upon school grounds; or
    8. a controlled substance in  violation  of  section  220.31  of  this
  article, when such sale takes place upon the grounds of a child day care
  or  educational  facility  under circumstances evincing knowledge by the
  defendant that such sale is taking place upon such grounds. As  used  in
  this  subdivision,  the  phrase  "the  grounds  of  a  child day care or
  educational facility" shall have the same meaning  as  provided  for  in
  subdivision  five of section 220.44 of this article. For the purposes of
  this subdivision, a rebuttable presumption shall be established  that  a
  person  has  knowledge  that  they are within the grounds of a child day
  care or educational facility when notice is conspicuously posted of  the
  presence or proximity of such facility; or
    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
  subdivision (e) of schedule I of section thirty-three hundred six of the
  public  health  law,  and  said  preparations,  compounds,  mixtures  or
  substances are of an aggregate weight of twenty-eight grams or more.
    Criminal sale of a controlled substance in  the  fourth  degree  is  a
  class C felony.