2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title M - OFFENSES AGAINST PUBLIC HEALTH AND MORALS
Article 220 - (220.00 - 220.78) CONTROLLED SUBSTANCES OFFENSES
220.34 - 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 on  a  school
  bus; 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.