N.Y. Penal Law § 178.15

§ 178.15 Criminal diversion of prescription medications and\n prescriptions in the third degree.\n A person is guilty of criminal diversion of prescription medications\nand prescriptions in the third degree when he or she:\n 1. commits a criminal diversion act, and the value of the benefit\nexchanged is in excess of one thousand dollars; or\n 2. commits the crime of criminal diversion of prescription medications\nand prescriptions in the fourth degree, and has previously been\nconvicted of the crime of criminal diversion of prescription medications\nand prescriptions in the fourth degree.\n Criminal diversion of prescription medications and prescriptions in\nthe third degree is a class E felony.\n