N.Y. Penal Law § 220.39: Criminal sale of a controlled substance in the third degree

§ 220.39 Criminal sale of a controlled substance in the third degree.

A person is guilty of criminal sale of a controlled substance in the

third degree when he knowingly and unlawfully sells:

1. a narcotic drug; or

2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic

acid diethylamide and has previously been convicted of an offense

defined in article two hundred twenty or the attempt or conspiracy to

commit any such offense; or

3. a stimulant and the stimulant weighs one gram or more; or

4. lysergic acid diethylamide and the lysergic acid diethylamide

weighs one milligram or more; or

5. a hallucinogen and the hallucinogen weighs twenty-five milligrams

or more; or

6. a hallucinogenic substance and the hallucinogenic substance weighs

one gram or more; or

7. one or more preparations, compounds, mixtures or substances

containing methamphetamine, its salts, isomers or salts of isomers and

the preparations, compounds, mixtures or substances are of an aggregate

weight of one-eighth ounce or more; or

8. phencyclidine and the phencyclidine weighs two hundred fifty

milligrams or more; or

9. a narcotic preparation to a person less than twenty-one years old.

Criminal sale of a controlled substance in the third degree is a class

B felony.