N.Y. Penal Law § 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

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.